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Labour Law [2016] ZALCJHB 452

Dlamini and Others v Independent Police Investigative Directorate and Another (J1782/15)

Dlamini and Others v Independent Police Investigative Directorate and Another (J1782/15) [2016] ZALCJHB 452 (29 April 2016)

Court
Labour Court Johannesburg
Case number
J1782/15
Judge
Van Niekerk

The court found that the precautionary transfer of the first and third applicants was implemented from 1 September 2015 and that, regardless of any interim order, the 60-day period stipulated in the SMS handbook had expired long before the hearing. The SMS handbook clearly provides that any extension of a precautionary transfer beyond 60 days must be effected by the chairperson of a disciplinary enquiry, not unilaterally by the employer. Since no such extension was granted, the continued transfer was unlawful. The court rejected the respondents' argument regarding the calculation of the 60-da…

Source excerpt

  • Precautionary Transfer
  • Disciplinary Procedure
  • Sms Handbook
  • Unlawful Suspension
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Labour Law [2013] ZALCJHB 225

Manamela v Department of Co-Operative Governance, Human Settlements and Traditional Affairs Limpopo Province and Another (J1886/2013)

Manamela v Department of Co-Operative Governance, Human Settlements and Traditional Affairs Limpopo Province and Another (J1886/2013) [2013] ZALCJHB 225 (5 September 2013)

Court
Labour Court Johannesburg
Case number
J1886/2013
Judge
Snyman AJ

The applicant failed to establish a clear right to relief, as the SMS Handbook does not provide for a right to be heard or reasons prior to precautionary suspension. The Labour Court is not generally competent to grant final relief in suspension matters where the true nature of the challenge is unfairness, as the LRA prescribes a statutory dispute resolution process for unfair labour practices. The applicant deliberately bypassed this process and did not demonstrate exceptional circumstances or compelling urgency. The respondents complied with the SMS Handbook, and the suspension was justifie…

Source excerpt

  • Precautionary Suspension
  • Sms Handbook
  • Unfair Labour Practice
  • Audi Alteram Partem
  • Alternative Remedy
  • Jurisdiction Of Labour Court
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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.