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South Africa decisions
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SACSAAWU obo Rampedi and Others v Volsec Security SA (PTY) Ltd and Others (JR 2013/2020) [2022] ZALCJHB 351 (8 December 2022)
The Labour Court dismissed an application for leave to appeal, finding no reasonable prospect of a different outcome on review, and ordered costs.
MEC for Gauteng Department of Infrastructure Development v Ramapepe (J1943/2019) [2022] ZALCJHB 98 (12 May 2022)
The court found that both the appointment and transfer of the respondent were unlawful, unreasonable, and irrational. The selection panel added criteria after shortlisting that unfairly favoured the respondent, contrary to the Public Service Act and Regulations. The transfer was also unlawful as the respondent never assumed the original post, and the subsequent position was not advertised or filled through proper procedures. Although the application was delayed, the court exercised its discretion to overlook the delay due to the seriousness of the irregularities and the applicant's constituti…
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Mongwaketse v Head of Department: Department of Education and Sport Development, North West Province and Another (J3271/18) [2018] ZALCJHB 372 (13 November 2018)
The Labour Court granted an interim interdict stopping the Department from reversing and enforcing the applicant educator’s transfer pending final determination.
NEHAWU obo Matlou v Minister of International Relation and Cooperation and Another (JR248/2014) [2016] ZALCJHB 180 (17 May 2016)
The Labour Court reviewed and set aside a public service transfer for procedural unfairness, holding the employee was not told the true reason and could not respond.
Radebe v MEC: Health Eastern Cape and Others (D1066/2012) [2014] ZALCD 27; (2015) 36 ILJ 478 (LC) (5 June 2014)
The Labour Court held that the applicant had already transferred to the second respondent, so the first respondent lacked authority to dismiss her.
Moodley v Minister of Police and Others, Ndlovu v Minister of Police and Others (D321/12; D322/12) [2012] ZALCD 8 (7 June 2012)
The court found that neither applicant had adequately established urgency in their founding affidavits, nor had they demonstrated that irreparable harm would result if interim relief was not granted. The applicants failed to provide cogent reasons for urgency and did not show that the requirements of the rules could not be complied with. The threat of salary stoppage was contingent on their refusal to take up transferred posts, and alternative remedies, such as referral of an unfair labour practice dispute, were available. The court concluded that the applicants were not entitled to urgent in…
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South African Democratic Teachers Union v Gauteng Department of Education (J916/2011) [2011] ZALCJHB 222 (21 June 2011)
The Labour Court struck an urgent application to stop Mr Ndevu’s transfer, finding no clear right to final relief and no urgency.
Bantubonke v South African National Parks (C288/2000) [2002] ZALC 55 (19 June 2002)
The Labour Court held that the applicant was not constructively dismissed or discriminated against when his finance department was relocated to Pretoria.
Gray Security Services (Western Cape) (Pty) Ltd and v Transport and General Workers Union (C238/99) [1999] ZALC 172 (3 December 1999)
The Labour Court found that the employer's instruction to transfer the employees from Alexkor to Cape Town was not lawful or reasonable, given the lack of contractual authority for unilateral transfer and the absence of meaningful consultation. The employer's reliance on operational requirements was misplaced, as the issue was incorrectly categorised as misconduct. The disciplinary process was procedurally flawed, and the employer failed to honour its own undertakings to consult. The Commissioner’s award, despite some errors, was justifiable on the permissible grounds identified, and the dism…
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