Transman (Pty) Ltd v Graham Dick and Another

The first respondent was employed by Transman (Pty) Ltd and was also a director and former chairperson of the board. Following allegations of misconduct arising amid marital and workplace disputes between him and his wife (the managing director), he was suspended, charged with misconduct, and subjected to a disciplinary enquiry chaired by the second respondent. The chairperson found him guilty on some charges and recommended dismissal. The board subsequently terminated his employment, characterising it as retirement. The employee approached the High Court on review, seeking to set aside the disciplinary verdict and termination, substitute a not-guilty finding, and be reinstated.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing the employee’s application with costs, including the costs of two counsel.

The case confirms that dismissal decisions in employment relationships, including private-sector employment, are not administrative action and cannot be challenged by way of judicial review. It clarifies the post-Chirwa position that administrative-law principles may only apply in employment matters through contract, and then solely as a basis for contractual remedies. The judgment reinforces the separation between labour law and administrative law in South African jurisprudence.