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South Africa Case Law

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Labour Law [2014] ZALAC 13

MEC For The Deapartment Of Health, Western Cape v Weder, In Re: MEC For The Department Of Health, Western Cape v Democratic Nursing Organization Of South Africa obo Mangena (CA4/2013, CA5/2013)

MEC For The Deapartment Of Health, Western Cape v Weder, In Re: MEC For The Department Of Health, Western Cape v Democratic Nursing Organization Of South Africa obo Mangena (CA4/2013, CA5/2013) [2014] ZALAC 13; [2014] 7 BLLR 687 (LAC); (2014) 35 ILJ 2131 (LAC) (13 May 2014)

Court
Labour Appeal Court
Case number
CA4/2013, CA5/2013
Judges
Davis JA, Tlaletsi DJP, Coppin AJA

The Labour Appeal Court held that the appellant failed to provide adequate reasons for refusing to reinstate the respondents, both in the initial decision and in subsequent affidavits. The respondents' absences were due to medical conditions and were not willful or deliberate. The appellant did not demonstrate that the employment relationship had been rendered intolerable, nor did it provide a rational basis for its decisions. The principle of legality requires that public functionaries act rationally and provide reasons for their decisions. The delays in bringing review proceedings were reas…

Source excerpt

  • Public Service Act Dismissal
  • Reinstatement Discretion
  • Condonation For Late Review
  • Legality Review
  • Failure To Give Reasons
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Labour Law [2009] ZALCCT 15

Grootboom v National Prosecuting Authority and Another (C696/08)

Grootboom v National Prosecuting Authority and Another (C696/08) [2009] ZALCCT 15 (18 December 2009)

Court
Labour Court Cape Town
Case number
C696/08
Judge
Molahlehi

The court held that the applicant's employment was terminated by operation of law under section 17(5)(a)(i) of the Public Service Act due to unauthorised absence exceeding one calendar month. The applicant failed to obtain authorisation for his absence to study overseas, and his claim of sabbatical leave was unsupported by evidence. The refusal to reinstate the applicant under section 17(5)(b) of the PSA constituted administrative action, but the applicant did not show good cause for his absence. The respondents' decision was reasonable, lawful, and not influenced by bias or ulterior motive.…

Source excerpt

  • Public Service Act
  • Unauthorised Absence
  • Deemed Dismissal
  • Reinstatement Discretion
  • Jurisdiction Of Labour Court
  • Review Of Administrative Action
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.