J P Kriel v The Legal Aid Board and Others

The appellant, an attorney employed by the Legal Aid Board (an organ of state), was dismissed following a disciplinary enquiry arising from disputes with a superior, Ms Isola, concerning employment contracts, attendance at a staff meeting, and a complaint he made to the Law Society regarding her alleged professional misconduct. After an internal disciplinary process and appeal, his employment was terminated in September 2004. Instead of pursuing remedies under labour legislation, the appellant brought review proceedings in the High Court under the Promotion of Administrative Justice Act 3 of 2000 (PAJA), alleging that his dismissal constituted unlawful administrative action.

The appeal was dismissed with costs; the High Court’s dismissal of the review application was upheld.

The case reaffirms and applies the Constitutional Court’s decision in Chirwa v Transnet Ltd, confirming that dismissals of public sector employees do not constitute administrative action under PAJA and must be challenged through labour law remedies under the Labour Relations Act.