South Africa Case Law

Mbanjwa v Minister of the National Department of Public Works and Others (JS 776/2018)

Mbanjwa v Minister of the National Department of Public Works and Others (JS 776/2018) [2021] ZALCJHB 132; [2021] 7 BLLR 685 (LC); (2021) 42 ILJ 2244 (LC) (23 April 2021)

Court

Labour Court Johannesburg

Case number

JS 776/2018

Judge

Moshoana

The Labour Court dismissed a public-service transfer and damages claim, finding no lawful transfer or employment contract with the DPW and no jurisdiction under section 77(3) BCEA.

• Jurisdiction Of Labour Court
• Contract Of Employment
• Public Service Transfer
• Repudiation
• Quantification Of Damages
• Labour-court-jurisdiction

Nxele v Chief Deputy Commissioner, Corporate Services, Department of Correctional Service and Others (CA 9/06)

Nxele v Chief Deputy Commissioner, Corporate Services, Department of Correctional Service and Others (CA 9/06) [2008] ZALAC 28; [2008] 12 BLLR 1179 (LAC); (2008) 29 ILJ 2708 (LAC) (31 July 2008)

Court

Labour Appeal Court

Case number

CA 9/06

Judges

Zondo JP, H.M Musi JA, Tlaletsi AJA

The Labour Appeal Court held that the Department of Correctional Services failed to comply with the audi alteram partem rule by making a final decision to transfer the appellant before affording him an opportunity to be heard. The subsequent opportunities to make representations were illusory, as the Department's policy was not to reconsider transfer decisions once made. The transfer to Pollsmoor constituted a demotion, as the position was of lower status, authority, and responsibility, despite retaining rank and salary. The Department did not provide valid and sufficient reasons for the tran…

Source excerpt

• Unfair Labour Practice
• Demotion
• Audi Alteram Partem
• Promotion Of Administrative Justice Act
• Public Service Transfer
• Departmental Transfer Policy

Saloojee v McKenzie NO and Others (C295/04)

Saloojee v McKenzie NO and Others (C295/04) [2005] ZALC 43; (2005) 26 ILJ 330 (LC); [2005] 3 BLLR 285 (LC) (28 January 2005)

Court

Labour Court

Case number

C295/04

Judge

Ngcamu

The Labour Court set aside the transfer of the ICD Western Cape head, finding it was a disguised sanction, not a public-interest transfer.

• Unfair Labour Practice
• Public Service Transfer
• Ulterior Motive
• Disciplinary Procedure
• Section 14 Public Service Act
• Unfair-labour-practice