South Africa Case Law

City of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR795/18)

City of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR795/18) [2021] ZALCJHB 394 (15 October 2021)

Court

Labour Court Johannesburg

Case number

JR795/18

Judge

Prinsloo

The court found that the arbitrator's decision fell within the band of reasonableness. The restrictive interpretation of 'suspension' advanced by the applicant was rejected; the LRA does not limit unfair suspension to disciplinary contexts. The employees were suspended without pay for refusing to sign new contracts, and the bargaining council had jurisdiction to determine the dispute. The compensation awarded was within the arbitrator's powers and discretion, and there was no evidence of capriciousness, bias, or incorrect principle. The review application lacked merit and was dismissed. Costs…

Source excerpt

• Unfair Labour Practice
• Suspension Without Pay
• Arbitration Review
• Compensation Quantum
• Jurisdiction Of Bargaining Council

Snyman and Another v Department of Human Settlement and Another (J 459/21)

Snyman and Another v Department of Human Settlement and Another (J 459/21) [2021] ZALCJHB 73 (1 June 2021)

Court

Labour Court Johannesburg

Case number

J 459/21

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent application to set aside a disciplinary outcome and reinstate an employee, finding the matter was not urgent and was an abuse of process.

• Disciplinary Procedure
• Unfair Labour Practice
• Urgent Interdict
• Demotion
• Suspension Without Pay
• Labour-law

Molobela v Motorovia (1993 Pty Ltd) (J 1150/20)

Molobela v Motorovia (1993 Pty Ltd) (J 1150/20) [2020] ZALCJHB 227 (28 October 2020)

Court

Labour Court Johannesburg

Case number

J 1150/20

Judge

Tlhotlhalemaje

The application failed to meet the requirements for urgency, as the applicant did not act with the necessary haste and did not adequately set out the basis for urgency in his founding affidavit. The suspension occurred twelve weeks prior to the application, rendering any urgency self-created. Furthermore, the dispute falls within the definition of unfair labour practice, which must be referred to the CCMA or a bargaining council for appropriate relief. The Labour Court does not have jurisdiction to determine the fairness of suspensions on an urgent basis where alternative remedies are availab…

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• Unfair Labour Practice
• Suspension Without Pay
• Urgent Interdict
• Jurisdiction Of Labour Court

Rabie v Department of Trade and Industry and Competition and Others (J742/20)

Rabie v Department of Trade and Industry and Competition and Others (J742/20) [2020] ZALCJHB 120 (12 August 2020)

Court

Labour Court Johannesburg

Case number

J742/20

Judge

F Coetzee

The Labour Court stayed implementation of a section 188A arbitration award suspending the applicant without pay, pending review, and struck a leave-pay dispute from the roll.

• Section 188a Arbitration
• Interim Interdict
• Security For Costs
• Urgency
• Suspension Without Pay
• Labour-law

Khanyile v Department of Transport for the Province of Kwazulu-Natal and Others (D1277/2019)

Khanyile v Department of Transport for the Province of Kwazulu-Natal and Others (D1277/2019) [2019] ZALCD 9 (8 October 2019)

Court

Labour Court Durban

Case number

D1277/2019

Judge

Tlhotlhalemaje

The Labour Court held that it is not competent to interdict the implementation of a sanction arising from completed internal disciplinary proceedings in which the applicant fully participated, unless extreme exceptional circumstances are demonstrated. The applicant failed to establish a prima facie right to the relief sought, as his alleged right to fair labour practices is adequately protected by the dispute resolution mechanisms under the LRA, specifically section 191. The applicant did not demonstrate irreparable harm, as any adverse consequences could be remedied if he succeeds before the…

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• Urgent Interdict
• Internal Disciplinary Proceedings
• Unfair Labour Practice
• Suspension Without Pay
• Prima Facie Right
• Alternative Remedy

Fidelity Security Service (Pty) Ltd v SOCRAWU obo Nengwekhulu and Others (JR917/16)

Fidelity Security Service (Pty) Ltd v SOCRAWU obo Nengwekhulu and Others (JR917/16) [2019] ZALCJHB 32 (25 February 2019)

Court

Labour Court Johannesburg

Case number

JR 917/16

Judge

MM Baloyi

The Labour Court upheld a finding of unfair labour practice for unpaid suspension, but set aside reinstatement because the employees had already been dismissed before arbitration.

• Unfair Labour Practice
• Suspension Without Pay
• Condonation Of Late Filing
• Arbitration Review
• Unfair-labour-practice
• Suspension-without-pay

Kawalya-Kagwa v Development Bank of Southern Africa (J2406/16)

Kawalya-Kagwa v Development Bank of Southern Africa (J2406/16) [2016] ZALCJHB 420; [2017] 1 BLLR 33 (LC); (2017) 38 ILJ 643 (LC) (31 October 2016)

Court

Labour Court Johannesburg

Case number

J2406/16

Judge

Van Niekerk

Urgent application for salary pending a CCMA unfair labour practice dispute was dismissed; the court found no irreparable harm and an adequate alternative remedy.

• Unfair Labour Practice
• Suspension Without Pay
• Interim Relief
• Valid Work Permit
• Unfair-labour-practice
• Interim-relief

Matlala v National Commissioner of the South African Police Services and Another (J 2743/11)

Matlala v National Commissioner of the South African Police Services and Another (J 2743/11) [2011] ZALCJHB 247 (6 December 2011)

Court

Labour Court Johannesburg

Case number

J 2743/11

Judge

R Lagrange

The Labour Court set aside a SAPS suspension without pay after finding non-compliance with Regulation 13(2) and inadequate consideration of the applicant’s representations.

• Precautionary Suspension
• Unfair Labour Practice
• Disciplinary Procedure
• Suspension Without Pay
• Precautionary-suspension
• Unfair-labour-practice

Chibi v MEC: Department of Co-Operative Governance and Traditional Affairs (Mpumalanga Provincial Government) and Another (J1764/11)

Chibi v MEC: Department of Co-Operative Governance and Traditional Affairs (Mpumalanga Provincial Government) and Another (J1764/11) [2011] ZALCJHB 89; (2012) 33 ILJ 855 (LC) (1 November 2011)

Court

Labour Court Johannesburg

Case number

J1764/11

Judge

Reddy AJ

The court found that the disciplinary chairperson did not impose the sanctions of suspension without pay and demotion as alternatives to dismissal, but rather as appropriate sanctions for the misconduct found. The SMS disciplinary code requires employee agreement only when such sanctions are imposed as alternatives to dismissal, which was not the case here. The chairperson exercised discretion in determining the appropriate sanction, and there was no evidence that dismissal was considered and rejected in favour of alternate sanctions. The applicant failed to establish a clear right to the rel…

Source excerpt

• Disciplinary Sanctions
• Demotion
• Suspension Without Pay
• Contract Of Employment
• Urgent Interdict
• Collective Agreement Enforcement

Sekwati v Masiye and Others (J291/2011)

Sekwati v Masiye and Others (J291/2011) [2011] ZALCJHB 270 (27 September 2011)

Court

Labour Court Johannesburg

Case number

J291/2011

Judge

R Lagrange

The Labour Court dismissed leave to appeal against an urgent-application ruling on suspension without pay, finding no explanation for delay and no prospect of success.

• Suspension Without Pay
• Urgency In Applications
• Disciplinary Procedure
• Unfair Labour Practice
• Suspension-without-pay
• Urgent-applications