South Africa Case Law

Nongogo v Khoza and Others (J1550/2023)

Nongogo v Khoza and Others (J1550/2023) [2024] ZALCJHB 13 (8 January 2024)

Court

Labour Court Johannesburg

Case number

J1550/2023

Judge

M B Mahalelo

The court found that the applicant was not contractually entitled to a disciplinary hearing before summary dismissal. The Disciplinary Code and contract, when read together, do not make a disciplinary hearing compulsory for the CEO. The procedures in the Disciplinary Code are not designed for the CEO, who has no line manager and cannot be investigated or represented as stipulated for other employees. The Board alone holds the power to appoint and dismiss the CEO. Even if the Disciplinary Code applied, its language is discretionary, not mandatory. The applicant failed to establish a contractua…

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• Summary Dismissal
• Contractual Interpretation
• Disciplinary Hearing Rights
• Specific Performance
• Urgent Relief
• Strike Out Application

Masisi v Afgri Poultry (Pty) Ltd t/a Daybreak Farms (J07/2024)

Masisi v Afgri Poultry (Pty) Ltd t/a Daybreak Farms (J07/2024) [2024] ZALCJHB 2 (5 January 2024)

Court

Labour Court Johannesburg

Case number

J07/2024

Judge

M Makhura

Urgent application to interdict a disciplinary process was dismissed as moot after the applicant was summarily dismissed.

• Disciplinary Procedure
• Contractual Claim
• Urgent Interdict
• Summary Dismissal
• Labour-law
• Disciplinary-procedure

Qaba v Johnson and Another (981/2022)

Qaba v Johnson and Another (981/2022) [2022] ZAECQBHC 7 (12 April 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

981/2022

Judge

G G Goosen

The court found that the Executive Mayor acted without lawful authority in summarily terminating the applicant's employment as a senior manager. The Municipal Systems Act and the Disciplinary Regulations for Senior Managers vest the power to discipline and dismiss senior managers exclusively in the municipal council, subject to prescribed procedures. The respondent did not claim or prove any delegated authority, nor did she follow any lawful process. The reasons advanced for termination related to alleged misconduct, which must be dealt with through the statutory disciplinary framework. The r…

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• Principle Of Legality
• Municipal Employment
• Disciplinary Procedure
• Delegation Of Powers
• Summary Dismissal

Makatse v National Lotteries Commission (1406/18)

Makatse v National Lotteries Commission (1406/18) [2021] ZAECELLC 12 (15 April 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

1406/18

Judge

Stretch

The court found that the plaintiff committed multiple acts of serious misconduct, including unauthorised media disclosures, failure to disclose a conflict of interest, and abuse of employer resources, all in breach of the employment contract and relevant policies. The defendant provided the plaintiff with disciplinary platforms, but he chose to ventilate his grievances through the media, despite written warnings and pending disciplinary proceedings. The contract was subject to the Basic Conditions of Employment Act, which allows for summary dismissal in appropriate circumstances. The court he…

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• Summary Dismissal
• Breach Of Employment Contract
• Disciplinary Hearing Rights
• Causation In Damages
• Conflict Of Interest
• Disclosure Of Confidential Information

South African Broadcasting Corporation SOC Ltd v Phasha (JA 36/2019)

South African Broadcasting Corporation SOC Ltd v Phasha (JA 36/2019) [2020] ZALAC 50; [2021] 3 BLLR 270 (LAC); (2021) 42 ILJ 816 (LAC) (27 November 2020)

Court

Labour Appeal Court

Case number

JA 36/2019

Judges

Phatshoane, Davis, Savage

The Labour Appeal Court held that SABC could not bypass a consented s 188A pre-dismissal arbitration by summarily dismissing the employee over recusal applications.

• Pre Dismissal Arbitration
• Specific Performance
• Summary Dismissal
• Contractual Breach
• Disciplinary Code Interpretation
• Labour-law

Police and Prisons Civil Rights Union (POPCRU) obo Members v Minister of Justice and Correctional Services and Others (J3745/18)

Police and Prisons Civil Rights Union (POPCRU) obo Members v Minister of Justice and Correctional Services and Others (J3745/18) [2018] ZALCJHB 362 (2 November 2018)

Court

Labour Court Johannesburg

Case number

J3745/18

Judge

Connie Prinsloo

The Labour Court held that the summary termination of the employees’ contracts was unlawful because the employer bypassed the contractual disciplinary process.

• Summary Dismissal
• Specific Performance
• Disciplinary Code
• Breach Of Contract
• Jurisdiction
• Urgent Relief

Mulholland v CCMA and Others (C18/2017)

Mulholland v CCMA and Others (C18/2017) [2017] ZALCCT 51 (2 November 2017)

Court

Labour Court Cape Town

Case number

C 18/2017

Judge

Steenkamp

Labour Court upheld a CCMA arbitration award on dismissal, jurisdiction, hearsay evidence, notice pay and bonus entitlement, and dismissed the review with costs.

• Unfair Dismissal
• Jurisdiction Of Ccma
• Double Jeopardy
• Hearsay Evidence
• Summary Dismissal
• Bonus Entitlement

Mahinga v Minister of Home Affairs and Another (49604/2016)

Mahinga v Minister of Home Affairs and Another (49604/2016) [2017] ZAGPPHC 1157 (8 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

49604/2016

Judge

Sardiwalla

The court found that the Minister's decision to revoke the applicant's citizenship was not substantiated by verified facts or documentary evidence. The Department of Home Affairs failed to investigate the bona fides of the applicant's marriage at the relevant time and relied on circumstantial evidence that did not prove fraud or false representation. The lack of original records and reliance on inadmissible secondary evidence undermined the procedural and substantive fairness of the decision. The Minister's approach was irrational, as it concentrated on unverified factors and failed to apply…

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• Deprivation Of Citizenship
• Promotion Of Administrative Justice Act
• Summary Dismissal
• Bona Fide Spousal Relationship
• Procedural Fairness
• Concurrent Jurisdiction

Kobrin v Periscopic Masingita (Pty) Ltd and Others (JS990/15)

Kobrin v Periscopic Masingita (Pty) Ltd and Others (JS990/15) [2016] ZALCJHB 543 (21 October 2016)

Court

Labour Court Johannesburg

Case number

JS990/15

Judge

Van Niekerk

The court held that the employment contract required a calendar month's notice, meaning notice must run from the first to the last day of a month. The respondents did not lawfully summarily terminate the applicant's employment, as the termination was no-fault and not based on any breach or repudiation by the applicant. The respondents' reliance on operational requirements or retrenchment as grounds for summary dismissal was rejected, as such circumstances do not justify summary termination under the contract or common law. The applicant was therefore entitled to payment for the full calendar…

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• Payment In Lieu Of Notice
• Summary Dismissal
• Contractual Notice Period
• Retrenchment
• Damages For Breach
• Costs Award

Nkosi and Others v MEC for the Department of Economic Development and Planning and Another (16166/2007)

Nkosi and Others v MEC for the Department of Economic Development and Planning and Another (16166/2007) [2015] ZAGPPHC 769 (12 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

16166/2007

Judge

Kubushi

The High Court held it had jurisdiction under s 77(3) of the BCEA, but dismissed damages claims by employees who were lawfully dismissed after corruption convictions.

• Breach Of Employment Contract
• Summary Dismissal
• Jurisdiction Of High Court
• Repudiation
• Damages Calculation
• Employment-contract-breach