Enslin v Gerhard Potgieter Cleaning Services (Pty) Ltd t/a Mr Clean (J801/17) [2017] ZALCJHB 138 (28 April 2017)

Enslin v Gerhard Potgieter Cleaning Services (Pty) Ltd t/a Mr Clean (J801/17) [2017] ZALCJHB 138 (28 April 2017)

The court found that the applicant's urgency was self-created due to his delay in taking action after suspension and notification of disciplinary proceedings. The applicant failed to provide sufficient reasons for urgency and did not act promptly. The court held that the applicant had an alternative remedy available through referral to the CCMA, making a declaratory order inappropriate. The requirements for urgent interim relief were not met, and the application was not urgent. Consequently, the matter was struck off the roll for lack of urgency, and the applicant was ordered to pay costs.

Citation
[2017] ZALCJHB 138
Parties
Applicant: Johannes Adam Enslin; Respondent: Gerhard Potgieter Cleaning Services (Pty) Ltd t/a Mr Clean
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 April 2017
Case Number
J801/17
Procedural Posture
Urgent Application / Interim Urgent Application to Declare Disciplinary Proceedings Invalid Pending CCMA Unfair Labour Practice Dispute
Judges
E Tlhotlhalemaje
Legal Topics
Protected Disclosure, Urgent Interdict, Unfair Labour Practice, Disciplinary Proceedings, Alternative Remedy
Labour Law Civil Procedure Protected Disclosure Urgent Interdict Unfair Labour Practice Disciplinary Proceedings Alternative Remedy

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Parties

Johannes Adam Enslin

Applicant

Gerhard Potgieter Cleaning Services (Pty) Ltd t/a Mr Clean

Respondent

Procedural Posture

Urgent Application / Interim Urgent Application to Declare Disciplinary Proceedings Invalid Pending CCMA Unfair Labour Practice Dispute

Legal Issues

  1. 1 Whether the application for urgent interim relief to halt disciplinary proceedings is urgent and justified.
  2. 2 Whether the disciplinary proceedings against the applicant are unlawful as a result of a protected disclosure under the Protection of Disclosure Act.
  3. 3 Whether the applicant has an alternative remedy available through the CCMA.

Ratio Decidendi

The court found that the applicant's urgency was self-created due to his delay in taking action after suspension and notification of disciplinary proceedings. The applicant failed to provide sufficient reasons for urgency and did not act promptly. The court held that the applicant had an alternative remedy available through referral to the CCMA, making a declaratory order inappropriate. The requirements for urgent interim relief were not met, and the application was not urgent. Consequently, the matter was struck off the roll for lack of urgency, and the applicant was ordered to pay costs.