South Africa Case Law

Solidarity and Another v Armaments Corporation of South Africa (Sco) Ltd and Others (JA40/17)

Solidarity and Another v Armaments Corporation of South Africa (Sco) Ltd and Others (JA40/17) [2018] ZALAC 39; [2019] 3 BLLR 248 (LAC); (2019) 40 ILJ 535 (LAC) (27 November 2018)

Court

Labour Appeal Court

Case number

JA40/17

Judges

Phatshoane, Davis, Murphy

The court held that s37 of the Defence Act and Armscor's policies make it a prerequisite for employees to maintain appropriate security clearance. Mr Joubert's dismissal was based on supervening impossibility of performance, constituting incapacity. However, the procedural requirements of s39 and s41 of the Defence Act, and relevant Armscor policies, were designed to ensure that employees are given reasons for refusal and an opportunity to make representations before termination. The termination letter was issued before it was established that incapacity was permanent, and the review process…

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• Incapacity Dismissal
• Security Clearance
• Procedural Fairness
• Defence Act Compliance
• Arbitration Review

Vass v South African Police Services (C 747/2009)

Vass v South African Police Services (C 747/2009) [2013] ZALCCT 27 (22 August 2013)

Court

Labour Court Cape Town

Case number

C 747/2009

Judge

Steenkamp

The court found that the applicant failed to establish a prima facie case of unfair discrimination. The differentiation was based on the applicant's previous conviction for attempted murder, which is not a listed or analogous ground under the Employment Equity Act. The court held that a criminal conviction does not constitute an attribute or characteristic worthy of protection against discrimination, nor does it impair the fundamental human dignity of the applicant. The exclusion of police officers with serious criminal convictions from certain positions is a legitimate policy and does not am…

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• Employment Equity Act
• Unfair Discrimination
• Absolution From The Instance
• Analogous Grounds
• Security Clearance

Public Servant Association of South Africa obo Mamabolo v Kirstein and Others (JR 746/09)

Public Servant Association of South Africa obo Mamabolo v Kirstein and Others (JR 746/09) [2010] ZALC 259 (2 July 2010)

Court

Labour Court

Case number

JR 746/09

Judge

Bhoola

The court held that the arbitrator's approach was reasonable and justified, given the evidence and the nature of the applicant's position. The arbitrator correctly accepted the validity of the NIA's negative security clearance in the absence of a challenge but found that unconditional acceptance by the employer was unjustified. The dismissal was found to be substantively and procedurally unfair, as the applicant was not afforded a meaningful opportunity to respond to the allegations, and the employer failed to apply its mind to whether the NIA decision alone constituted a fair reason for dism…

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• Unfair Dismissal
• Security Clearance
• Procedural Fairness
• Substantive Fairness
• Review Of Arbitration Award

Public Servants Association obo Mamabolo v Kirstein and Others (JR746/09)

Public Servants Association obo Mamabolo v Kirstein and Others (JR746/09) [2010] ZALCJHB 49 (2 July 2010)

Court

Labour Court Johannesburg

Case number

JR746/09

Judge

Bhoola

The court held that the arbitrator's approach was reasonable and justified on the evidence. The arbitrator correctly accepted the validity of the NIA's negative security clearance in the absence of a judicial review, but also found that the employer's unconditional acceptance of the NIA decision, without affording the applicant meaningful procedural fairness or considering alternative placement, rendered the dismissal substantively and procedurally unfair. The arbitrator's decision to award compensation rather than reinstatement was within his discretion and not reviewable as unreasonable or…

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• Unfair Dismissal
• Security Clearance
• Procedural Fairness
• Substantive Fairness
• Remedies For Unfair Dismissal
• Review Of Arbitration Award

Badenhorst v Minister of Defence (37350/05)

Badenhorst v Minister of Defence (37350/05) [2006] ZAGPHC 122 (11 August 2006)

Court

High Courts - Gauteng

Case number

37350/05

Judge

B H Swart

The High Court reviewed and set aside a Defence Force discharge after finding the applicant was denied written reasons and fair procedure.

• Promotion Of Administrative Justice Act
• Fair Labour Practice
• Procedural Fairness
• Written Reasons
• Security Clearance
• Defence Force Dismissal