The Labour Court weighs in on the application of the Prescription Act in disciplinary proceedings

On 13 February 2025, the Labour Appeal Court handed down judgment in Director-General: Department of Forestry, Fisheries and the Environment v The Sheriff, Pretoria North-East. The judgment concerned whether a security bond furnished by the Department of Forestry, Fisheries and the Environment complied with section 145(7) of the Labour Relations Act. Section 145(7) permits a review applicant to furnish security to suspend the operation of an arbitration award pending the outcome of the application.

On 26 February 2025, the Essential Services Committee designated certain port services as essential in terms of section 71 of the Labour Relations Act. The application was instituted by the Transnet National Ports Authority (TNPA) and Transnet Port Terminals (TPT), the operating divisions of Transnet SOC Ltd. CTH acted on behalf of the TNPA and TPT.

While employees are entitled to postponements in a disciplinary hearing if they demonstrate good cause, there is a limit to how long an employee-driven delay can be justified. A recent decision of the Labour Court has raised the question of whether an employer may implement suspension without pay in the face of dilatory tactics occasioned by the employee.

On 30 August 2024, the Magistrates’ Court handed down judgment in Raborife Kedibone Pauline v Moeketsi MC and Another (Case No.: LP/TBZ/RC/21/2024). The judgment concerned an exception raised by the South African Democratic Teachers’ Union (SADTU), the second defendant in the matter, relating to whether a trade union can be held vicariously liable for the actions of a shop steward.