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South Africa Case Law

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Labour Law [2025] ZALCCT 26

Vico v Department of Ferestry, Fisheries and Environment (C 666/2023)

Vico v Department of Ferestry, Fisheries and Environment (C 666/2023) [2025] ZALCCT 26 (23 April 2025)

Court
Labour Court Cape Town
Case number
C 666/2023
Judge
R Lagrange

The Labour Court found that it lacked jurisdiction to grant most of the declaratory relief sought by the applicant, as the issues raised were either already pending before the bargaining council or had been decided in previous proceedings. The applicant's complaints regarding procedural unfairness and delay in the disciplinary process were matters for arbitration, not for declaratory relief in the Labour Court. The request to declare expenditure on recusal applications as fruitless and wasteful fell outside the court's purview, as such determinations are reserved for accounting officers and t…

Source excerpt

  • Declaratory Relief
  • Jurisdiction Of Labour Court
  • Procedural Unfairness
  • Fruitless And Wasteful Expenditure
  • Review Of Disciplinary Proceedings
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Labour Law [2013] ZASCA 2

Provincial Commissioner, Gauteng South African Police Services and Another v Mnguni (890/11)

Provincial Commissioner, Gauteng South African Police Services and Another v Mnguni (890/11) [2013] ZASCA 2; [2013] 5 BLLR 421 (SCA); [2013] 2 All SA 262 (SCA); (2013) 34 ILJ 1107 (SCA) (22 February 2013)

Court
Supreme Court of Appeal
Case number
890/11
Judges
MPATI, LEWIS, MALAN, PETSE, MBHA

The Supreme Court of Appeal held that the respondent's challenge to his dismissal by the South African Police Service was quintessentially a labour issue governed by the Labour Relations Act and the Constitution. The disciplinary and appeal procedures were products of collective bargaining and regulated employment relations. The respondent's complaint was essentially one of unfair dismissal, which must be pursued in the Labour Court, not the High Court. The court rejected the argument that the appeals authority's decision was reviewable on common law grounds, finding that common law review ha…

Source excerpt

  • Unfair Dismissal
  • Jurisdiction Of High Court
  • Review Of Disciplinary Proceedings
  • Exclusive Labour Court Jurisdiction
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Labour Law [2003] ZALC 82

Boale v National Prosecuting Authority of South Africa and Others (JR1785/2001)

Boale v National Prosecuting Authority of South Africa and Others (JR1785/2001) [2003] ZALC 82; (2003) 24 ILJ 1666 (LC); [2003] 10 BLLR 988 (LC) (23 July 2003)

Court
Labour Court
Case number
JR1785/2001
Judge
Francis

The applicant failed to comply with the mandatory requirement to file the full transcript of the disciplinary proceedings, despite having access to all audio cassettes since January 2002. No reasonable explanation was provided for this failure. The applicant's termination of his counsel's mandate was found to be a tactical maneuver to delay proceedings and obtain a postponement. The court held that the interests of justice, fairness, and the objectives of the Labour Relations Act require disputes to be resolved efficiently and without undue delay. The applicant's conduct was opportunistic and…

Source excerpt

  • Review Of Disciplinary Proceedings
  • Failure To File Record
  • Postponement
  • Costs Order
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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.