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Mokoena v Administrator, Transvaal
In ''Mokoena and Others v Administrator, Transvaal'', an important case in South African law, the first and second applicants sought an order in the Witwatersrand Local Division against the respondents. Such order was to declare ''inter alia'', that their purported dismissal on 10 December 1987 from the employ of the Transvaal Provincial Administration was wrongful and unlawful. The matter came before Goldstone J.
== Facts ==
The relevant events preceding those of 10 December 1987 were common cause. The first and second respondents had been employed by the Administration as cleaners at the Vereeniging Hospital since 1974 and 1971 respectively. They had, since 1978 and 1976 respectively, been members of, and monthly contributors to, a pension scheme which now fell under the Temporary Employees Pension Fund Act〔Act 75 of 1979.〕 On 27 October 1987, workers at the hospital went on strike. The reason for the strike was the refusal of the hospital's authorities to recognise the trade union to which the workers belonged and the subsequent dismissal of four of their leaders. The first respondent was on leave at the time, but she subsequently failed, when her leave ended, to return to work. The second respondent likewise stayed away from work.
The Administration proceeded to dismiss workers participating in the stay-away. It did so without giving them a hearing. The first respondent and three of her co-workers thereupon brought an urgent application in the Witwatersrand Local Division for an order declaring their purported dismissal wrongful and unlawful and of no force and effect.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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