South Africa Case Law

Bonakele v Department Of Health North-West Province and Others (C294/2023)

Bonakele v Department Of Health North-West Province and Others (C294/2023) [2024] ZALCCT 26; (2024) 45 ILJ 2282 (LC) (11 July 2024)

Court

Labour Court Cape Town

Case number

C294/2023

Judge

R Lagrange

The court found that the applicant was absent from performing her official duties for more than a calendar month without authorisation from the head of department. Her presence at the hospital was solely for meetings related to grievances, not for the performance of her duties. She failed to provide any medical certificates or evidence of authorised absence, and did not respond to written instructions to return to work. The factual circumstances did not support her claim that her absence was authorised or justified. The requirements for deemed dismissal under section 17(3)(a)(i) of the Public…

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• Public Service Act
• Deemed Dismissal
• Unauthorised Absence
• Declaratory Relief
• Condonation
• Employee Wellness

Zibula v Chrom-Tech Holdings (Pty) Ltd (JR 1725/2021)

Zibula v Chrom-Tech Holdings (Pty) Ltd (JR 1725/2021) [2024] ZALCJHB 108 (13 March 2024)

Court

Labour Court Johannesburg

Case number

JR 1725/2021

Judge

Norton

The court found that the applicant breached a workplace rule by taking leave without permission, despite being aware that his leave was not approved and no replacement was available due to Covid isolation. The rule was reasonable and consistent with the BCEA. Although the arbitrator was abrasive, this did not compromise the ventilation of the facts, which were largely common cause. The court distinguished Pick n Pay Retailers v SACCAWU obo Mzazi on the basis that the applicant was a supervisor with additional responsibilities. Applying the Sidumo reasonableness test, the court held that the a…

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• Unfair Dismissal
• Unauthorised Absence
• Review Of Arbitration Award
• Basic Conditions Of Employment Act
• Reasonableness Test
• Mitigating Factors

Broadreach (Pty) Ltd v Bennet NO and Others (C659/2018)

Broadreach (Pty) Ltd v Bennet NO and Others (C659/2018) [2021] ZALCCT 24 (18 January 2021)

Court

Labour Court Cape Town

Case number

C659/2018

Judge

H. Rabkin-Naicker

The Labour Court reviewed an arbitration award and held that the employee’s dismissal for knowingly taking unauthorised leave was substantively fair.

• Unfair Dismissal
• Unauthorised Absence
• Substantive Fairness
• Review Of Arbitration Award
• Unfair-dismissal
• Unauthorised-absence

Impact Ltd (Mondi Packaging SA (Pty) Ltd) v National Bargaining Council for the Wood and Paper Sector and Others (JR 182/11)

Impact Ltd (Mondi Packaging SA (Pty) Ltd) v National Bargaining Council for the Wood and Paper Sector and Others (JR 182/11) [2013] ZALCJHB 81; (2013) 34 ILJ 2266 (LC) (12 April 2013)

Court

Labour Court Johannesburg

Case number

JR 182/11

Judge

Marcus

The Labour Court found that the commissioner committed gross irregularities by failing to address the central issue of whether the employee had provided a satisfactory justification for his extended unauthorised absence. The commissioner incorrectly required the employer to prove actual intention to desert, whereas the employer's code and practice allowed for dismissal based on unexplained absence exceeding five days. The employee failed to provide any credible explanation to the employer upon return or through the appeal process, and his attempt to justify his absence only at arbitration was…

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• Unfair Dismissal
• Unauthorised Absence
• Disciplinary Code
• Review Of Arbitration Award

Tubatse Chrome (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR 2679/10)

Tubatse Chrome (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others (JR 2679/10) [2013] ZALCJHB 16; (2013) 34 ILJ 2333 (LC) (8 February 2013)

Court

Labour Court Johannesburg

Case number

JR 2679/10

Judge

Marcus AJ

The court found that the Commissioner committed gross irregularity by focusing on whether the employee intended to desert rather than whether she had provided reasonable justification for her extended unauthorised absence. The evidence did not support the employee’s claim that her absence was involuntary or due to circumstances beyond her control. Her absence was the result of a voluntary decision to attend a sangoma initiation without obtaining prior authorisation from her employer. The Commissioner failed to properly consider the material facts and issues, and his conclusion that the dismis…

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• Unfair Dismissal
• Unauthorised Absence
• Desertion
• Review Of Arbitration Award
• Substantive Fairness

Grootboom v National Prosecuting Authority and Another (C696/08)

Grootboom v National Prosecuting Authority and Another (C696/08) [2009] ZALCCT 15 (18 December 2009)

Court

Labour Court Cape Town

Case number

C696/08

Judge

Molahlehi

The court held that the applicant's employment was terminated by operation of law under section 17(5)(a)(i) of the Public Service Act due to unauthorised absence exceeding one calendar month. The applicant failed to obtain authorisation for his absence to study overseas, and his claim of sabbatical leave was unsupported by evidence. The refusal to reinstate the applicant under section 17(5)(b) of the PSA constituted administrative action, but the applicant did not show good cause for his absence. The respondents' decision was reasonable, lawful, and not influenced by bias or ulterior motive.…

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• Public Service Act
• Unauthorised Absence
• Deemed Dismissal
• Reinstatement Discretion
• Jurisdiction Of Labour Court
• Review Of Administrative Action

Rikhotso v MEC for Education (JS 1152/02)

Rikhotso v MEC for Education (JS 1152/02) [2004] ZALC 83; [2005] 3 BLLR 278 (LC); (2004) 25 ILJ 2385 (LC) (11 November 2004)

Court

Labour Court

Case number

JS 1152/02

Judge

Tshiqi

The Labour Court held that the educator’s medical boarding application was lawfully refused, his absence became unauthorised, and his deemed discharge stood.

• Employment Of Educators Act
• Medical Boarding
• Unauthorised Absence
• Incapacity Procedure
• Employment-of-educators-act
• Medical-boarding