City of Johannesburg v Jacobs N.O. and Others

The City of Johannesburg, a municipality and organ of state, dismissed two employees employed as learner driver’s licence examiners after a disciplinary hearing. They were found guilty of dishonestly assisting learner licence applicants by indicating correct answers during computerised learner licence tests at the Sandton Licensing Department, conduct prohibited by Gauteng Department of Transport Circular 1 of 2013 and constituting serious misconduct involving fraud and corruption. On internal appeal, the chairperson (Jacobs N.O.) upheld the findings of guilt but substituted the sanction of dismissal with reinstatement and a final written warning. The City then brought a review application under section 158(1)(h) of the Labour Relations Act to set aside the appeal ruling and reinstate the sanction of dismissal. The City also applied for condonation for the late filing of the review and the late delivery of the record.

Condonation for the late filing of the review application and the late delivery of the record was granted. The review application was upheld. The appeal ruling reinstating the employees was reviewed and set aside and substituted with an order dismissing the internal appeal and confirming the dismissal of the Second and Third Respondents.

This case confirms that municipalities and other organs of state may review their own internal disciplinary or appeal decisions under section 158(1)(h) of the LRA on legality grounds. It reinforces that dishonesty and corruption in public sector employment, particularly in functions affecting public safety, generally warrant dismissal. The judgment also illustrates the application of the principle of legality and rationality in labour matters distinct from PAJA review.