South Africa Case Law

Van Vuuren and Others v Modelez South Africa (Pty) Ltd (PS22/17)

Van Vuuren and Others v Modelez South Africa (Pty) Ltd (PS22/17) [2018] ZALCPE 40; [2019] 3 BLLR 302 (LC); (2019) 40 ILJ 1106 (LC) (7 November 2018)

Court

Labour Court Port Elizabeth

Case number

PS22/17

Judge

S Snyman

The court found that the retrenchment of the applicants was substantively fair. The respondent had a legitimate operational requirement to outsource its accounts receivable functions, and the consultation process was properly conducted under section 189A of the LRA, with consensus reached on all material issues, including termination dates. The extended termination dates were conditional on the applicants performing handover duties, which they failed or refused to do. The respondent was justified in terminating their employment earlier and engaging temporary employees solely to complete the h…

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• Operational Requirements Dismissal
• Section 189 Consultation
• Alternative Positions
• Substantive Fairness
• Severance Pay
• Temporary Employment

Suid-Afrikaanse Onderwysunie v Departementshoof: Departement van Onderwys Vrystaat (1897/2004)

Suid-Afrikaanse Onderwysunie v Departementshoof: Departement van Onderwys Vrystaat (1897/2004) [2004] ZAFSHC 148 (28 October 2004)

Court

Free State High Court, Bloemfontein

Case number

1897/2004

Judge

Kruger R

The court found that the respondent's decision to implement section 6A of the Employment of Educators Act via Circular 22 of 2004 constituted administrative action that is reviewable under the Promotion of Administrative Justice Act. The exclusion of temporary educators from competing for permanent posts was not rationally connected to the purpose of section 6A, which was intended to address staffing shortages in rural areas, not to remove temporary educators from the system. The respondent failed to provide a rational or fair basis for excluding temporary educators, and the administrative ac…

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• Promotion Of Administrative Justice Act
• Unfair Dismissal
• Employment Of Educators Act
• Procedural Fairness
• Temporary Employment
• Public Service Appointments

Du Toit v Bloemfontein Municipality (J2088/99)

Du Toit v Bloemfontein Municipality (J2088/99) [2001] ZALC 102 (9 July 2001)

Court

Labour Court

Case number

J2088/99

Judge

B M Jammy

The Labour Court held that the applicant’s temporary employment ended lawfully under the contract and that she was not dismissed.

• Dismissal
• Temporary Employment
• Unfair Dismissal
• Affirmative Action
• Temporary-employment
• Unfair-dismissal

Masinga v Minister of Justice Kwazulu Government (628/92)

Masinga v Minister of Justice Kwazulu Government (628/92) [1995] ZASCA 21; 1995 (3) SA 214 (AD); [1995] 2 All SA 350 (A); (1995) 16 ILJ 823 (A) (27 March 1995)

Court

Supreme Court of Appeal

Case number

628/92

Judges

E M Grosskopf, Vivier, Nienaber, Nicholas, Olivier

The court held that a suspended public prosecutor’s casual, hourly work at a university did not amount to “other employment” under the KwaZulu Public Service Act.

• Public Service Dismissal
• Onus Of Proof
• Temporary Employment
• Declaratory Relief
• Public-service-dismissal
• Onus-of-proof