Ramabulana v Pilansberg Platinum Mines (J808/13) [2015] ZALCJHB 178 (12 June 2015) per Whitcher J

Note: Overturned by LAC on 28 August 2019.

The Employer dismissed the applicant on 31 January 2013 without any prior hearing despite a contractual obligation to afford such a right.  The employee did not rely on any statutory right to fairness.  The issue was simply whether the employer had acted unlawfully.  The Labour Court has the necessary jurisdiction and power in terms of the BCEA to decide such disputes.  The Labour Court rejected the employer’s argument that it had the right to dismiss because of the demands of the community.  The main reason related to  misconduct and no procedure had been followed.  Specific performance, taking retrospective effect, was ordered because the employer had unlawfully terminated the employment contract.