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Dyakala v Emfuleni Local Municipality and Others (2023-090199) [2023] ZAGPJHC 1337 (17 November 2023)
Urgent application to set aside municipal disciplinary proceedings and dismissal failed for lack of urgency, insufficient detail in the papers, and risk of conflicting orders.
Abrahams v General Public Service Sectoral Bargaining Council and Others (JR1790/08) [2011] ZALCJHB 24; [2012] 2 BLLR 172 (LC) (2 February 2011)
The court found that the disciplinary proceedings did not satisfy the requirements of section 188A of the Labour Relations Act and thus did not constitute an arbitration under that section. The bargaining council was mandated only to facilitate the disciplinary process, not to arbitrate. The applicant was properly notified of the hearing at the address she provided, and the chairperson proceeded in her absence after confirming service. The applicant failed to demonstrate that the decision to dismiss her was unreasonable or irrational, and the uncontested evidence supported the dismissal. The…
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Ngutshane v Ariviakom (Pty) Ltd t/a Arivia.Kom and Others (J1067/08) [2008] ZALCJHB 79 (10 November 2008)
The Labour Court does not have jurisdiction to review the dismissal of the applicant, as the dispute is essentially about the fairness and lawfulness of the dismissal, which should be resolved through conciliation and arbitration in accordance with the Labour Relations Act. The procedure adopted by the employer, including the invitation to make representations, was reasonable and satisfied the requirements of procedural fairness. The applicant declined the opportunity to be heard and cannot complain about not being afforded a hearing. The provisions of section 158(1)(h) of the LRA do not appl…
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