BIFAWU v African Bank (J4457/01) [2001] ZALC 167 (11 October 2001)

BIFAWU v African Bank (J4457/01) [2001] ZALC 167 (11 October 2001)

The court found that, on the applicant's own papers, the union members had already been dismissed on 5 October, prior to the application being heard. As a result, the relief sought to stay the retrenchment notices and dismissals was moot and could not be granted. The application was therefore dismissed. Regarding costs, the court exercised its discretion and awarded the respondent only the costs for the appearances on 9 October and the day of judgment, tempering the costs due to the ongoing relationship between the parties.

Citation
[2001] ZALC 167
Parties
Applicant: BIFAWU; Respondent: African Bank
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 October 2001
Case Number
J4457/01
Procedural Posture
Urgent Application / Application for Urgent Interim Relief to Stay Retrenchment Notices Pending Further Proceedings.
Outcome
Application dismissed as moot; costs awarded to respondent for specified appearances only.
Judges
A A Landman
Legal Topics
Urgent Interdict, Retrenchment, Dismissal, Costs Award
Labour Law Urgent Interdict Retrenchment Dismissal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

BIFAWU

Applicant

African Bank

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief to Stay Retrenchment Notices Pending Further Proceedings.

Legal Issues

  1. 1 Whether the application to stay retrenchment notices was brought in time to prevent the dismissal of union members.
  2. 2 Whether the applicant's members had already been dismissed at the time of the application.
  3. 3 Whether costs should be awarded to the respondent.

Ratio Decidendi

The court found that, on the applicant's own papers, the union members had already been dismissed on 5 October, prior to the application being heard. As a result, the relief sought to stay the retrenchment notices and dismissals was moot and could not be granted. The application was therefore dismissed. Regarding costs, the court exercised its discretion and awarded the respondent only the costs for the appearances on 9 October and the day of judgment, tempering the costs due to the ongoing relationship between the parties.

Court Disposition

Application dismissed as moot; costs awarded to respondent for specified appearances only.

Orders

  • The application is dismissed.
  • The respondent is awarded the costs of the appearances on 9 October and the day of judgment only.