South Africa Case Law

Marius v Overstrand Municipality (CA24/2013)

Marius v Overstrand Municipality (CA24/2013) [2014] ZALAC 107 (25 September 2014)

Court

Labour Appeal Court

Case number

CA24/2013

Judges

Musi JA, Murphy AJA, Setiloane AJA

The Labour Appeal Court held that the Labour Court has jurisdiction under section 158(1)(h) of the LRA to review decisions taken by presiding officers in disciplinary hearings, even where such decisions are made under a collective agreement. The Court found that such decisions may constitute administrative action or, at minimum, are reviewable on grounds of legality, rationality, and reasonableness, as permitted by law. The Court rejected the appellant's argument that the Constitutional Court's decisions in Chirwa and Gcaba overruled Ntshangase, finding that those cases did not address sectio…

Source excerpt

• Review Of Disciplinary Ruling
• Section 158 1 H Lra
• Administrative Action
• Sanction For Dishonesty
• Legality And Rationality