South Africa Case Law

Nzimande and Another v Newcastle Municipality (DA1/2022)

Nzimande and Another v Newcastle Municipality (DA1/2022) [2024] ZALAC 34; [2024] 11 BLLR 1120 (LAC) (10 July 2024)

Court

Labour Appeal Court

Case number

DA1/2022

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Govindjee AJA

The Labour Appeal Court held that the municipal manager acted unlawfully and without authority when extending the appellants' fixed-term contracts in direct contravention of a clear council resolution. The principle of legality, as entrenched in the Constitution and relevant statutes, required the manager to act within the council's policy directions. The Labour Court was correct to review and set aside the extensions under section 158(1)(h) of the LRA, and the error in classification did not affect the outcome. The review was instituted within a reasonable time, and procedural irregularities…

Source excerpt

• Illegality Of Contract
• Municipal Manager Authority
• Review Under Lra Section 158 1 H
• Principle Of Legality
• Retrospective Invalidity
• Costs In Labour Appeal

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/2019)

NEHAWU obo Ngomane v Department of Employment and Labour and Others (JR 2482/2019) [2022] ZALCJHB 45 (2 March 2022)

Court

Labour Court Johannesburg

Case number

JR 2482/2019

Judge

Van Niekerk

The Labour Court removed a review from the roll because the applicant failed to plead proper review grounds and did not comply with Rule 7A.

• Public Service Act Section 17
• Review Under Lra Section 158 1 H
• Failure To Provide Reasons
• Procedural Compliance Rule 7a
• Substantive Unfairness
• Operation Of Law Termination