South Africa Case Law

Municipal Employees and Civil Servants Union obo Mlungwana and Others v Ekurhuleni Metropolitan Municipality (2025/045110)

Municipal Employees and Civil Servants Union obo Mlungwana and Others v Ekurhuleni Metropolitan Municipality (2025/045110) [2025] ZALCJHB 157 (19 April 2025)

Court

Labour Court Johannesburg

Case number

2025/045110

Judge

Tlhotlhalemaje

The Labour Court dismissed MECSU’s urgent challenge to paid suspensions of its officials and awarded punitive costs, finding the application abusive and the suspensions lawful.

• Suspension With Pay
• Urgent Interdict
• Disciplinary Procedure
• Abuse Of Process
• Declaratory Relief
• Suspension-with-pay

Mudadi v Coeng Consultation and Construction Engineers (Pty) Ltd and Others (J90/2024)

Mudadi v Coeng Consultation and Construction Engineers (Pty) Ltd and Others (J90/2024) [2025] ZALCJHB 15 (17 January 2025)

Court

Labour Court Johannesburg

Case number

J90/2024

Judge

G C Phakedi

The applicant failed to prove beyond reasonable doubt that the respondents' non-compliance with the court order dated 30 January 2024 was wilful and mala fide. The respondents provided sufficient evidence to create reasonable doubt regarding their intent, including allegations of the applicant's own non-compliance and subsequent dismissal. The court found that while the respondents were aware of the order and its mandatory nature, the applicant did not discharge the onus required for a contempt finding. However, the respondents remain obligated to comply with the operative provisions of the o…

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• Contempt Of Court
• Disciplinary Proceedings
• Suspension With Pay
• Settlement Agreement
• Remedies For Non Compliance

Yako v National Lotteries Commission (NLC) and Others (2024/027585)

Yako v National Lotteries Commission (NLC) and Others (2024/027585) [2024] ZAGPJHC 308; (2024) 45 ILJ 1352 (GJ) (26 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/027585

Judge

Moorcroft AJ

The court found that the applicant failed to establish exceptional circumstances warranting intervention in the incomplete disciplinary proceedings. The disciplinary process was properly initiated by the Commissioner and ratified by the Board, and the applicant's rights to a fair hearing were not infringed. The principle of subsidiarity applied, requiring reliance on the Public Finance Management Act rather than direct constitutional invocation. The requirements for interim and final interdicts were not met, as the applicant did not demonstrate a clear right, irreparable harm, or lack of alte…

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• Disciplinary Proceedings
• Jurisdiction Of High Court
• Interdict Requirements
• Subsidiarity Principle
• Suspension With Pay

SAMWU obo Hlongwane v Sedibeng District Municipality and Others (JR1616/12)

SAMWU obo Hlongwane v Sedibeng District Municipality and Others (JR1616/12) [2016] ZALCJHB 469 (31 May 2016)

Court

Labour Court Johannesburg

Case number

JR1616/12

Judge

Van Niekerk

Labour Court review of a disciplinary-procedure award was dismissed. The court held the arbitrator's interpretation of the collective agreement was reasonable.

• Collective Agreement Interpretation
• Disciplinary Procedure
• Suspension With Pay
• Review Of Arbitration Award
• Collective-agreement-interpretation
• Disciplinary-procedure

Jesse v Mason (J1406/14)

Jesse v Mason (J1406/14) [2014] ZALCJHB 268 (16 July 2014)

Court

Labour Court Johannesburg

Case number

J1406/14

Judge

Shai

The court found the application urgent due to the applicant's imminent eviction and health concerns. The employment contract provided for a net salary of R50,000 per month, and the respondent undertook personal liability, jointly and severally with Metson At Home (Pty) Ltd. Suspension was with pay, and sick leave was medically certified, with no credible evidence to the contrary. The applicant was entitled to payment for the entire month of April 2014. The respondent's arguments regarding employer identity, urgency, res judicata, and abuse of process were rejected. No adequate alternative rem…

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• Unpaid Salary
• Urgent Interdict
• Suspension With Pay
• Constructive Dismissal
• Employment Contract
• Joint And Several Liability

Maqubela v South African Graduates Development Association and Others (J285/14)

Maqubela v South African Graduates Development Association and Others (J285/14) [2014] ZALCJHB 38; [2014] 6 BLLR 582 (LC); (2014) 35 ILJ 2479 (LC) (20 February 2014)

Court

Labour Court Johannesburg

Case number

J285/14

Judge

Tlhotlhalemaje

The court found that the applicant failed to establish a prima facie right to the relief sought. There was insufficient evidence of a protected disclosure, and the alleged employment contract was disputed and not substantiated. The suspension was with pay and did not constitute irreparable harm. The applicant had already referred the unfair labour practice dispute to the CCMA, which provided an adequate alternative remedy. The urgency claimed by the applicant was self-created and not justified by the circumstances, particularly as the AGM could proceed without him and an acting CEO was appoin…

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• Urgent Interdict
• Unfair Labour Practice
• Protected Disclosure
• Suspension With Pay
• Jurisdiction Of Labour Court

Naidoo v React Solutions (Pty) Ltd (J56/2011)

Naidoo v React Solutions (Pty) Ltd (J56/2011) [2011] ZALCJHB 194 (24 January 2011)

Court

Labour Court Johannesburg

Case number

J56/2011

Judge

A Steenkamp

The Labour Court held it had jurisdiction and granted urgent relief ordering the employer to keep paying the employee’s salary during suspension.

• Specific Performance
• Suspension With Pay
• Employment Contract
• Urgent Relief
• Labour-law
• Employment-contracts