In law, jurisdiction is determined according to whether a
particular court has the power or competence to hear and determine
an issue between parties.
A recent decision of the Labour Appeal Court dealt with the
issue of whether the Labour Court has jurisdiction to intervene in
pending or incomplete disciplinary proceedings. The effect of this
decision is that an employee facing disciplinary hearings may
approach a court to prevent the hearing from taking place, but only
in exceptional circumstances for instance to avoid a grave
injustice.
In Booysen v The Minister of Safety and Security & others
[2011] 1 BLLR 83 (LAC) the Labour Appeal Court was approached by
Mr. Booysen, a Director in the South African Police Services.
Booysen had been charged with fraud, corruption and perjury in July
2007 and was suspended without pay. The facts are complicated due
to the numerous attempts by Booysen and his legal representative to
apply for relief to both the Labour Court and
