Willie Steve Mkasi v Department of Health: KwaZulu-Natal and Another

The applicant, an employee of the KwaZulu-Natal Department of Health, faced internal disciplinary charges relating to an alleged assault on a colleague in September 2017. He was charged approximately eight months after suspension. During the disciplinary hearing, chaired by the second respondent, the applicant raised preliminary points including waiver of discipline due to unreasonable delay, election by the employer to proceed via grievance procedures, and an application for absolution from the instance after the employer closed its case. The chairperson dismissed all preliminary points and ordered the hearing to continue. The applicant launched a review application under section 158(1)(h) of the Labour Relations Act (LRA) to set aside the ruling and sought urgent interim relief to interdict the continuation of the disciplinary hearing pending the review.

The Labour Court granted an order interdicting and restraining the continuation of the disciplinary hearing pending finalisation of the review application and ordered the first respondent to pay the costs.

The case affirms the Labour Court’s power under section 158(1)(h) of the LRA to review decisions of disciplinary chairpersons acting qua employer and to grant interim interdictory relief to protect the right to review. It also reinforces the principle that unreasonable and unexplained delay may constitute waiver of the right to discipline.