According to the City Press, this was being done to prevent Breytenbach from prosecuting suspended crime intelligence head Richard Mdluli.
It reported that court papers revealed details of three new charges the National Prosecuting Authority (NPA) was investigating against her.
"Investigating more charges against me smacks of a witch-hunt, where [the NPA] appears willing to do anything to prevent me from going back to my post and prosecutions I was handling," Breytenbach reportedly said in an affidavit.
She wanted the Labour Court to reinstate her to her job as head of the Pretoria branch of the specialised crimes unit.
Breytenbach was suspended pending the outcome of a disciplinary hearing, which has since cleared her of any wrongdoing on 15 counts, including failing to act impartially in investigating the Kumba Iron Ore/Sishen and Imperial Crown Trading mining rights dispute.
National director of public prosecutions Nomgcobo Jiba has reportedly refused to let Breytenbach return to her old job.
According to City Press, Jiba and the NPA were served with a notice about the court action on Friday. – Sapa