Reddy v University of KwaZulu Natal (D827/13) [2015] ZALCD 14 (4 February 2015) per Mooki AJ.

The Labour Court refused to grant an application setting aside a summary dismissal prior to the conclusion of an investigation. The Labour Court rejected the argument that the cause of action was essentially based on unlawfulness rather than unfairness.  Even if on the pleadings the Court had jurisdiction it did not mean it had to exercise the power to intervene.  The dispute should have been referred to the CCMA as an unfair dismissal dispute.  It could then have been arbitrated by the CCMA if conciliation failed.