Synopsis:
Application for leave to appeal relating to the powers of the High Court over labour-related matters, and whether the conduct of a public sector employer towards an employee amounts to administrative action. A unanimous Court held that jurisdiction must be assessed on the basis of the pleadings. Where a remedy lies in the High Court, section 157(2) of the Labour Relations Act 66 of 1995 should not be interpreted to exclude such jurisdiction. However, employment and labour relationship decisions taken in relation to public sector employees generally do not amount to administrative action. When conduct of the state as employer has no direct consequences for other citizens, it will not amount to administrative action. Accordingly, the application was dismissed and there was no order as to costs. Majority: Van der Westhuizen J (unanimous)
