Machiya vs BP Shell Marketing Service

L Nzu for the applicant ( Honey and Blackenberg)

The applicant who was employed by the respondent, was spend from duty after allegations of theft were made against her. She supplied a written report denying the allegations and requesting a hearing to explain her case more fully. No hearing was held, she was later notified that she had been dismissed. The matter was brought on review, the application seeking reinstatement on the basis of the procedural irregularity and breach of the principals of natural justice. held, That if this were a matter of only a contractual relationship between the applicant and her employer, it would be questionable whether the dismissal could be brought on review. It does not assist when and if parties can import the matter of natural justice into their contracts. Held, that since there was a code of conduct applicable to the applicant, the relationship between the parties was of a sufficiently public character tone said to have an administrative law element.