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South Africa Case Law

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Labour Law [2021] ZALAC 27

Ntsimane and Others v Memela (JA25/2020)

Ntsimane and Others v Memela (JA25/2020) [2021] ZALAC 27; (2021) 42 ILJ 2400 (LAC); [2021] 12 BLLR 1202 (LAC) (6 September 2021)

The Labour Appeal Court set aside a contempt conviction and personal costs order after finding no proof of wilful, mala fide disobedience of the court order.

  • Contempt Of Court
  • Personal Costs Orders
  • Suspension Of Employees
  • Collective Agreement Disciplinary Code
  • Contempt-of-court
  • Personal-costs-orders
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Labour Law [2016] ZALCJHB 157

Mbekela and Another v Phahlane and Another (J2525/15)

Mbekela and Another v Phahlane and Another (J2525/15) [2016] ZALCJHB 157 (22 April 2016)

The Labour Court refused leave to appeal against dismissal of an urgent interdict challenging the applicants’ suspension, holding there was no reasonable prospect of success.

  • Suspension Of Employees
  • Urgent Interdict
  • Leave To Appeal
  • Final Vs Interim Orders
  • Leave-to-appeal
  • Urgent-interdict
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Labour Law [2014] ZAGPPHC 843

Maputle and Others v Premier, Mpumalanga Provincial Government and Another (09/69046)

Maputle and Others v Premier, Mpumalanga Provincial Government and Another (09/69046) [2014] ZAGPPHC 843 (10 October 2014)

The High Court dismissed a claimed dignity and contract-action arising from suspensions over scholar transport irregularities and alleged press publication.

  • Suspension Of Employees
  • Breach Of Employment Contract
  • Actio Injuriarum
  • Resolution 1 Of 2003 Pscbc
  • Amendment Of Pleadings
  • Hearsay Evidence
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Labour Law [2014] ZALCJHB 258

Jumbo Cash & Carry (Pty) Ltd v South African Commercial Catering and Allied Workers Union and Others (D623/14)

Jumbo Cash & Carry (Pty) Ltd v South African Commercial Catering and Allied Workers Union and Others (D623/14) [2014] ZALCJHB 258 (17 July 2014)

The court found the respondents' denial of misconduct to be implausible and unsupported by evidence, particularly given the circumstances surrounding the withdrawal of disciplinary charges, the closure of the premises, and the presence of police and security. The applicant demonstrated a clear right to conduct its business free from unlawful interference and established a reasonable apprehension of harm. The relief sought was limited to preventing unlawful conduct and did not interfere with lawful activities of union members. The court held that the applicant was entitled to a final interdict…

  • Final Interdict
  • Unlawful Conduct By Employees
  • Suspension Of Employees
  • Identification Of Perpetrators
  • Urgent Relief
  • Industrial Action Misconduct
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Constitutional Law [2013] ZACC 37

Grootboom v National Prosecuting Authority and Another (CCT 08/13)

Grootboom v National Prosecuting Authority and Another (CCT 08/13) [2013] ZACC 37; 2014 (2) SA 68 (CC); 2014 (1) BCLR 65 (CC); [2014] 1 BLLR 1 (CC); (2014) 35 ILJ 121 (CC) (21 October 2013)

The Constitutional Court held that a suspended prosecutor was not deemed discharged under section 17(5)(a)(i) of the Public Service Act and remained employed.

  • Public Service Act
  • Fair Labour Practices
  • Condonation
  • Administrative Action
  • Suspension Of Employees
  • Review Of Administrative Action
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Labour Law [2012] ZALCJHB 21

Hlubi and Others v Universal Services and Access Agency of South Africa (USAASA) and Others (J 2951/2011)

Hlubi and Others v Universal Services and Access Agency of South Africa (USAASA) and Others (J 2951/2011) [2012] ZALCJHB 21 (24 February 2012)

The Labour Court held that the Minister could appoint interim Executive Caretakers for USAASA and dismissed employees’ challenge to their suspension and disciplinary proceedings.

  • Executive Caretaker Appointment
  • Disciplinary Proceedings
  • Public Entity Governance
  • Suspension Of Employees
  • Powers Of Minister
  • Accounting Authority Pfma
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Labour Law [2006] ZANWHC 1

Head of Department: North-West Department of Agriculture, Conservation and Environment and Another v Malambo and Another (1202/06)

Head of Department: North-West Department of Agriculture, Conservation and Environment and Another v Malambo and Another (1202/06) [2006] ZANWHC 1 (1 January 2006)

The court granted leave to appeal to a full bench, finding a reasonable prospect another court might differ on the legal effect of the handbook concession.

  • Disciplinary Hearing
  • Suspension Of Employees
  • Senior Management Service Handbook
  • Procedural Fairness
  • Leave-to-appeal
  • Disciplinary-hearing
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