South Africa Case Law

Shema v Ditsobotla Local Municipality and Others (J479/2023)

Shema v Ditsobotla Local Municipality and Others (J479/2023) [2023] ZALCJHB 128 (24 March 2023)

Court

Labour Court Johannesburg

Case number

J479/2023

Judge

Lagrange

The court found that the applicant's urgent application was premature, as he failed to first raise his objections regarding the lawfulness of the disciplinary proceedings and the authority of the chairperson with the presiding officer of the second enquiry. The applicant had successfully obtained a favourable ruling in the first enquiry by raising his objections internally, demonstrating that such an approach was not futile. The court held that the proper procedure was to address these issues with the chairperson and, if necessary, seek recusal or stay of proceedings before approaching the La…

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• Disciplinary Regulations For Senior Managers
• Authority To Litigate
• Urgency In Labour Court
• Consolidation Of Disciplinary Enquiries
• Recusal Of Chairperson

Mncube and Another v Foskor (Pty) Ltd and Another (749/2021)

Mncube and Another v Foskor (Pty) Ltd and Another (749/2021) [2021] ZALCD 77 (8 December 2021)

Court

Labour Court Durban

Case number

749/2021

Judge

Hiralall AJ

The Labour Court dismissed an urgent bid to halt disciplinary proceedings pending review, finding no exceptional circumstances, urgency, or irreparable harm.

• Recusal Of Chairperson
• Urgent Interdict
• Disciplinary Proceedings
• Exceptional Circumstances
• Fair Dismissal
• Balance Of Convenience

Ndlovu v Chaane NO and Another (J119/21)

Ndlovu v Chaane NO and Another (J119/21) [2021] ZALCJHB 20 (1 March 2021)

Court

Labour Court Johannesburg

Case number

J119/21

Judge

Baloyi

Urgent Labour Court application to set aside a disciplinary chairperson’s refusal to recuse himself was struck from the roll for lack of urgency, with costs.

• Disciplinary Hearing
• Recusal Of Chairperson
• Urgency
• Costs Order
• Labour-law
• Disciplinary-hearing

Wechoemang v Road Traffic Management Corporation and Others (J3742/18)

Wechoemang v Road Traffic Management Corporation and Others (J3742/18) [2018] ZALCJHB 365 (9 November 2018)

Court

Labour Court Johannesburg

Case number

J3742/18

Judge

Baloyi

The court found that the applicant failed to establish exceptional circumstances warranting intervention in the incomplete disciplinary proceedings. The applicant's conduct, including repeated attempts to postpone the hearing and filing multiple grievances and recusal applications, was viewed as a deliberate strategy to delay the disciplinary process. The court emphasized that the applicant has adequate recourse through the CCMA and that the merits of the disciplinary charges and the protected disclosure claim are matters for the disciplinary chairperson and the CCMA commissioner, respectivel…

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• Interdict Against Disciplinary Proceedings
• Protected Disclosure
• Recusal Of Chairperson
• Exceptional Circumstances
• Unfair Labour Practice

Ngobeni v Prasa Cres and Others (J 514/16)

Ngobeni v Prasa Cres and Others (J 514/16) [2016] ZALCJHB 225; [2016] 8 BLLR 799 (LC); (2016) 37 ILJ 1704 (LC) (18 March 2016)

Court

Labour Court Johannesburg

Case number

J 514/16

Judge

Van Niekerk

The court held that the applicant failed to establish a clear right to the relief sought, as the appointment of an independent senior counsel as chairperson satisfied the requirement for an impartial hearing. The Labour Court does not ordinarily intervene in incomplete disciplinary proceedings except in exceptional circumstances, which were not present in this case. The applicant had alternative remedies available, including review proceedings and referral to the CCMA, and remained suspended on full pay, negating any claim of irreparable harm. The application was found to be an abuse of proce…

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• Recusal Of Chairperson
• Disciplinary Hearing
• Urgent Interdict
• Procedural Fairness
• Abuse Of Process

NEHAWU obo Mpahle and Others v Department Of Health (Free State) (JS437/2007)

NEHAWU obo Mpahle and Others v Department Of Health (Free State) (JS437/2007) [2014] ZALCJHB 221 (23 June 2014)

Court

Labour Court Johannesburg

Case number

JS437/2007

Judge

Lagrange

Labour Court upheld the dismissal of NEHAWU shop stewards for participating in an unprotected strike in an essential service and inciting others.

• Unprotected Strike
• Essential Service
• Shop Steward Dismissal
• Procedural Fairness
• Consistency Of Sanction
• Recusal Of Chairperson

Letsholonyane v Department of Human Settlements and Another (J2338/13)

Letsholonyane v Department of Human Settlements and Another (J2338/13) [2013] ZALCJHB 312 (1 November 2013)

Court

Labour Court Johannesburg

Case number

J2338/13

Judge

Van Niekerk

The Labour Court refused to halt a disciplinary inquiry, finding the applicant’s complaints about legal representation, disclosure, and recusal premature.

• Disciplinary Hearing
• Legal Representation
• Recusal Of Chairperson
• Disclosure Of Information
• Interim Interdict
• Disciplinary-hearing

Mashiya v Sirkhot NO and Others (J1744/11)

Mashiya v Sirkhot NO and Others (J1744/11) [2011] ZALCJHB 75; [2012] 2 BLLR 183 (LC); (2012) 33 ILJ 420 (LC) (30 August 2011)

Court

Labour Court Johannesburg

Case number

J1744/11

Judge

A J Steenkamp

The court found that the applicant failed to establish a reasonable apprehension of bias on the part of the chairperson, Adv Sirkhot. The chairperson's refusal to allow legal representation was a reasonable exercise of discretion under the SMS Handbook, and his prior involvement in other disciplinary matters did not amount to bias. The alleged altercation between the chairperson and the union representative was no more than robust debate and did not indicate bias. The appointment of the chairperson was not irregular, and no evidence suggested improper influence. The applicant did not adequate…

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• Recusal Of Chairperson
• Reasonable Apprehension Of Bias
• Disciplinary Hearing Procedure
• Legal Representation In Internal Hearings

Bissoon v Lever Ponds (Pty) Limited and Other (D242/03)

Bissoon v Lever Ponds (Pty) Limited and Other (D242/03) [2003] ZALC 56 (16 May 2003)

Court

Labour Court

Case number

D242/03

Judge

Pillay

Urgent application to stop a disciplinary enquiry dismissed. The court found the charges were sufficiently detailed, bias was not shown, and legal representation was not warranted.

• Disciplinary Enquiry
• Legal Representation
• Procedural Fairness
• Interdict
• Recusal Of Chairperson
• Disciplinary-enquiry