South Africa Case Law

Mncwango and Another v Area Commissioner (Pietermaritzburg) Correctional Services and Another (D 165/23)

Mncwango and Another v Area Commissioner (Pietermaritzburg) Correctional Services and Another (D 165/23) [2024] ZALCD 5 (19 January 2024)

Court

Labour Court Durban

Case number

D 165/23

Judge

Whitcher

The Labour Court dismissed a legality review against the transfer of two Correctional Services employees, finding the challenge delayed and the transfers not shown to be punitive or arbitrary.

• Legality Review
• Transfer Policy
• Consultation Requirements
• Punitive Measures
• Delay In Review
• Efficient Use Of Human Resources

Cloete v Commissioner for Concilation Mediation and Arbitration and Others (C370/2020)

Cloete v Commissioner for Concilation Mediation and Arbitration and Others (C370/2020) [2022] ZALCCT 46 (14 July 2022)

Court

Labour Court Cape Town

Case number

C370/2020

Judge

Barthus

The court found that the Secretary of the Western Cape Provincial Parliament had the discretion to accept or reject the panel’s recommendation for appointment and was entitled to invoke the Transfer Policy to fill the post. The amendments to the job profile did not exceed 50% and did not require a regrading or fresh recruitment process. The Functional Enhancement Principles were not a binding policy and did not override the Transfer Policy. The Commissioner considered all relevant evidence and issues, and there was no gross irregularity or misconduct in the proceedings. The award was not so u…

Source excerpt

• Unfair Labour Practice
• Promotion
• Review Of Arbitration Award
• Transfer Policy
• Reasonableness Standard

POPCRU obo Moleshe v Minister of Police and Others (J1726/18)

POPCRU obo Moleshe v Minister of Police and Others (J1726/18) [2018] ZALCJHB 235 (7 June 2018)

Court

Labour Court Johannesburg

Case number

J1726/18

Judge

Van Niekerk

The Labour Court dismissed an urgent bid for interim relief over a withdrawal of placement, finding no prima facie right because the transfer agreement did not apply.

• Transfer Policy
• Collective Agreement
• Interim Relief
• Employment Placement
• Labour-law
• Employment-transfer

Peter v Member of the Executive Council Department of Education Eastern Cape Province and Others (P 276/12)

Peter v Member of the Executive Council Department of Education Eastern Cape Province and Others (P 276/12) [2015] ZALCPE 16 (5 March 2015)

Court

Labour Court Port Elizabeth

Case number

P 276/12

Judge

Lallie

The Labour Court dismissed an educator’s bid to compel the Eastern Cape Education Department to process her transfer application because she had not completed the required form.

• Employment Of Educators Act
• Transfer Policy
• Procedural Compliance
• Administrative Action
• Labour-law
• Educator-transfer

Moodley and Another v Minister of Police and Others (D321/12, D322/12)

Moodley and Another v Minister of Police and Others (D321/12, D322/12) [2014] ZALCD 7 (31 January 2014)

Court

Labour Court Durban

Case number

D321/12, D322/12

Judge

D H Gush

The Labour Court set aside SAPS transfer decisions because the employer did not follow the collective agreement governing transfers.

• Collective Agreement
• Transfer Policy
• Jurisdiction Of Labour Court
• Review Of Administrative Action
• Collective-agreement
• Employee-transfer

Moodley v Minister of Safety and Security and Another (D 734/10)

Moodley v Minister of Safety and Security and Another (D 734/10) [2010] ZALC 313 (10 September 2010)

Court

Labour Court

Case number

D 734/10

Judge

Cele

The Labour Court held that the applicant’s placement at the crime office was not a transfer under policy and dismissed the urgent interdict with costs.

• Interim Interdict
• Transfer Policy
• Urgent Application
• Unfair Labour Practice
• Urgent-interdict
• Employee-transfer

Moodley v Minister of Safety And Security and Another (D734/10)

Moodley v Minister of Safety And Security and Another (D734/10) [2010] ZALCD 21 (10 September 2010)

Court

Labour Court Durban

Case number

D734/10

Judge

Cele

The Labour Court held that the applicant’s placement at the crime office was not a transfer under policy and dismissed his urgent interdict application with costs.

• Urgent Interdict
• Transfer Policy
• Unfair Labour Practice
• Accommodation Of Disability
• Urgent-interdicts
• Employee-transfer

Minister of Safety and Security v Safety and Security Sectoral Bargaining Council and Others (PA2/09)

Minister of Safety and Security v Safety and Security Sectoral Bargaining Council and Others (PA2/09) [2010] ZALAC 6; (2010) 31 ILJ 1813 (LAC) ; [2010] 6 BLLR 594 (LAC) (29 January 2010)

Court

Labour Appeal Court

Case number

PA2/09

Judges

Zondo JP, Sangoni AJA, Tlaletsi AJA

The Labour Appeal Court held that the bargaining council lacked jurisdiction because the real dispute was about the fairness of a transfer refusal, not collective agreement interpretation.

• Collective Agreement Interpretation
• Jurisdiction Of Bargaining Council
• Review Of Arbitration Award
• Transfer Policy
• Resolution 5 Of 1999
• Collective-agreement-interpretation

South African Police Services v Safety and Security Sectorial Bargaining Council and Others (P 257/06)

South African Police Services v Safety and Security Sectorial Bargaining Council and Others (P 257/06) [2008] ZALC 57; (2008) 29 ILJ 3045 (LC) (16 April 2008)

Court

Labour Court

Case number

P 257/06

Judge

AC Basson

The Labour Court reviewed and set aside an arbitration award ordering SAPS to transfer an employee, finding the commissioner had substituted his own view for a rational employer decision.

• Collective Agreement Interpretation
• Transfer Policy
• Review Of Arbitration Award
• Rationality Standard
• Unfair Labour Practice
• Collective-agreement-interpretation

Hlope and Others v Minister of Safety and Security and Others (J1828/05)

Hlope and Others v Minister of Safety and Security and Others (J1828/05) [2005] ZALC 103; [2006] 3 BLLR 297 (LC); (2006) 27 ILJ 1003 (LC) (13 December 2005)

Court

Labour Court

Case number

J1828/05

Judge

A Van Niekerk

The Labour Court discharged a rule nisi blocking SAPS transfers, finding a prima facie contractual breach but no irreparable harm or lack of alternative remedy.

• Urgent Interim Relief
• Collective Agreement
• Demotion
• Transfer Policy
• Fair Labour Practice
• Jurisdiction