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South Africa decisions
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Ramdhin v Rondebosch Medical Centre (Pty) Limited (18180/2024) [2024] ZAWCHC 287 (7 October 2024)
The court held that hospital admission privileges ended by operation of law when the doctor was suspended from practice under the Health Professions Act.
NEHAWU obo Luphumulo v General Public Service Sectoral Bargaining Council and Others (JR1285/17) [2021] ZALCJHB 472 (17 March 2021)
The Labour Court held that the bargaining council lacked jurisdiction to entertain the dispute because the termination of employment occurred by operation of law under section 17 of the Public Services Act, not by an act of the employer as required by section 186 of the Labour Relations Act. The applicant was not dismissed within the meaning of the LRA, and therefore, no claim for unfair dismissal could be entertained. The correct approach for an employee whose termination is invalid is to demand a return to work or seek a declaratory order from a competent court, not to pursue an unfair dism…
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NEHAWU obo James v General Public Service Sectoral Bargaining Council and Others (JR1285/17) [2021] ZALCJHB 465 (16 March 2021)
The Labour Court held that a purported termination under section 17 of the PSA was by operation of law, not a dismissal under the LRA, so the bargaining council had no jurisdiction.
Jordaan v Education Labour Relations Council and Others (PR159/17) [2018] ZALCPE 17 (22 June 2018)
The court held that the applicant's employment was terminated by operation of law under section 14 of the Employment of Educators Act, not by dismissal at the initiative of the employer. As such, the applicant's claim for unfair dismissal was not competent under the Labour Relations Act, and the bargaining council lacked jurisdiction to entertain the dispute. The arbitrator's refusal to grant condonation was primarily based on the lack of prospects of success, which the court found to be correct. The applicant's submissions regarding procedural irregularities were without merit, as they faile…
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Khongoana v Minister of Police and Others (45970/13) [2014] ZAGPPHC 972 (11 November 2014)
Section 36(1) of the South African Police Service Act operates by law and does not constitute administrative action subject to review. The applicant failed to establish that the discharge provision unreasonably or unjustifiably limits his constitutional rights. The limitation, if any, is reasonable and justifiable in light of the SAPS's constitutional mandate, the need for public trust, and the necessity to remove members convicted of serious offences. The applicant's challenge to the constitutionality of section 36 fails, and his application for reinstatement is dismissed. Costs are not awar…
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Makade v Public Health And Social Development Sectoral Bargianing Council and Others (PA2/2012) [2014] ZALAC 43 (19 August 2014)
The Labour Appeal Court found that the appellant's suspension was lifted by the letter dated 11 February 2004, and he was repeatedly instructed to report for duty at a new post. His refusal to do so, despite warnings that failure would be regarded as abscondment, constituted absence without permission for more than one month. The requirements of section 17(5)(a)(i) of the Public Service Act were met, resulting in termination of employment by operation of law, not dismissal. The Bargaining Council lacked jurisdiction to adjudicate the dispute, as the employment relationship had ended automatic…
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Minister of Social Development v Mabuza and Others (JR297/11) [2014] ZALCJHB 90; [2014] 11 BLLR 1142 (LC) (26 March 2014)
The court held that the termination of the first respondent's employment was effected by operation of law in terms of Section 17(5)(a)(i) of the Public Service Act, and not by way of dismissal as contemplated by the Labour Relations Act. The exercise of discretion by the employer in considering representations for reinstatement does not amount to a dismissal. Consequently, the Bargaining Council lacked jurisdiction to arbitrate the dispute, and the third respondent erred in law and exceeded his powers by ruling otherwise. The ruling of the third respondent was reviewed and set aside.
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Masiye v MEC for Education: Mpumalanga (J3340/2012) [2013] ZALCJHB 1 (7 January 2013)
Urgent application for unpaid salary dismissed because the applicant had an adequate alternative remedy under section 77(1) of the BCEA.
MEC: Department of Education Gauteng v Msweli and Others (JR2145/2008) [2012] ZALCJHB 66; (2013) 34 ILJ 650 (LC) (12 July 2012)
Labour Court review of a bargaining council award concerning absconding under the Public Service Act and procedural fairness.
Maidi v M.E.C. For Department of Education (J5675/00) [2002] ZALC 53; (2003) 24 ILJ 1552 (LC) (10 June 2002)
The Labour Court held that the applicant failed to prove authorised study leave and that his absence triggered termination by operation of law under the Lebowa Education Act.
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