Hermanus v Overberg District Municipality (C 144/12) [2012] ZALCCT 8 (1 March 2012)

Hermanus v Overberg District Municipality (C 144/12) [2012] ZALCCT 8 (1 March 2012)

The applicant failed to establish sufficient urgency as required by rule 8. He had been aware of the allegations and the municipality's refusal to pay his legal costs for a considerable period, yet delayed bringing the application. The reasons advanced for urgency were inadequate and did not meet the requirements of the rules. The application was brought on short notice despite longstanding threats to do so. The applicant has an adequate alternative remedy in the form of referral of any unfair dismissal dispute to the Bargaining Council. The balance of convenience favours the municipality, which needs to resolve the employment relationship and justify its actions to ratepayers. Urgent...

Citation
[2012] ZALCCT 8
Parties
Applicant: G W Hermanus; Respondent: Overberg District Municipality
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
1 March 2012
Case Number
C 144/12
Procedural Posture
Urgent Application / Application to Interdict Disciplinary Hearing Pending Enforcement of Employment Contract Provisions; Struck From Roll for Lack of Urgency.
Outcome
Application struck from the roll for lack of urgency. Each party to pay its own costs.
Judges
A Steenkamp
Legal Topics
Urgent Interdict, Disciplinary Hearing, Employment Contract Enforcement, Legal Representation, Unfair Dismissal
Labour Law Urgent Interdict Disciplinary Hearing Employment Contract Enforcement Legal Representation Unfair Dismissal

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Parties

G W Hermanus

Applicant

Overberg District Municipality

Respondent

Procedural Posture

Urgent Application / Application to Interdict Disciplinary Hearing Pending Enforcement of Employment Contract Provisions; Struck From Roll for Lack of Urgency.

Legal Issues

  1. 1 Whether the applicant has established sufficient urgency to justify the hearing of the application on an urgent basis.
  2. 2 Whether the applicant is entitled to an interim interdict preventing the disciplinary hearing from proceeding pending enforcement of his employment contract provisions.
  3. 3 Whether the applicant is entitled to legal representation at the municipality's expense during the disciplinary hearing.

Ratio Decidendi

The applicant failed to establish sufficient urgency as required by rule 8. He had been aware of the allegations and the municipality's refusal to pay his legal costs for a considerable period, yet delayed bringing the application. The reasons advanced for urgency were inadequate and did not meet the requirements of the rules. The application was brought on short notice despite longstanding threats to do so. The applicant has an adequate alternative remedy in the form of referral of any unfair dismissal dispute to the Bargaining Council. The balance of convenience favours the municipality, which needs to resolve the employment relationship and justify its actions to ratepayers. Urgent...

Court Disposition

Application struck from the roll for lack of urgency. Each party to pay its own costs.

Orders

  • The application is struck from the roll for lack of urgency.
  • Each party must pay its own costs.