Ravhura v Zungu NO (MEC: Health, KZN) (D1035/14) [2015] ZALCD 6; [2015] 4 BLLR 423 (LC) (15 January 2015) per Cele J.

The Labour Court refused the employee’s urgent application [158(1)(a)] to have a dismissal declared unlawful.  The issue should have been referred as an unfair dismissal dispute.  Cele J did not believe that unlawfulness in an employment relationship will ipso facto mean that any relief had to be granted.  He further stated that in general a decision regarding the lawfulness of a dismissal requires a preliminary finding on the allegations of serious misconduct on the part of the applicant as well as a determination of the fairness of the employee’s dismissal.