Fredericks and Others v MEC for Education and Training, Eastern Cape and Others

The applicants were teachers employed by the Eastern Cape Department of Education. In 1996 they applied for voluntary retrenchment packages in terms of Resolution 3, an agreement concluded at the Education Labour Relations Council and promulgated by the Minister of Education. Initially applications were approved, but from December 1996 the department altered its approach and refused many applications without providing reasons or consulting affected teachers or unions. The applicants’ appeals were unsuccessful. They approached the Eastern Cape High Court alleging that the refusal breached their constitutional rights to equality (section 9) and just administrative action (section 33). The High Court held that it lacked jurisdiction because the dispute was governed by the Labour Relations Act 66 of 1995 and fell within the exclusive dispute-resolution mechanisms of that Act. The applicants sought leave to appeal to the Constitutional Court.

Leave to appeal was granted and the appeal succeeded. The order of the High Court was set aside and replaced with an order declaring that the High Court had jurisdiction to hear the applicants’ constitutional claims. The matter was remitted to the High Court for determination on the merits.

The case is a leading authority on the relationship between labour law and constitutional jurisdiction. It confirms that employees may approach the High Court directly with constitutional claims arising from employment relationships, and that labour legislation does not automatically oust the High Court’s constitutional jurisdiction. It clarifies the interpretation of the Labour Relations Act’s transitional provisions and reinforces the constitutional entrenchment of High Court jurisdiction under section 169.