Khoza v Department of Economic Development (Gauteng) (J2326/09) [2009] ZALC 231 (4 November 2009)

Khoza v Department of Economic Development (Gauteng) (J2326/09) [2009] ZALC 231 (4 November 2009)

The court found that the applicant failed to establish urgency as required by Rule 8(2) of the Labour Court Rules. The founding affidavit did not provide sufficient reasons for urgency beyond the impending termination date. The applicant had adequate alternative remedies available under the Labour Relations Act, including referral to the CCMA or bargaining council, and the consultancy contract itself provided for arbitration. The requirements for an interdict were not satisfied. Dismissing the application rather than striking it from the roll was appropriate to avoid clogging the court roll. Costs followed the result and were limited to one counsel.

Citation
[2009] ZALC 231
Parties
Applicant: Khoza Keith; Respondent: Department of Economic Development (Gauteng)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 November 2009
Case Number
J2326/09
Procedural Posture
Urgent Application / Reasons for Order Following Urgent Application Hearing
Outcome
Application dismissed with costs.
Judges
Francis
Legal Topics
Fixed Term Contract, Urgent Interdict, Misrepresentation, Remedies Under Lra, Arbitration Clause
Labour Law Fixed Term Contract Urgent Interdict Misrepresentation Remedies Under Lra Arbitration Clause

Case Brief

Summary, issues, holding and outcome

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Parties

Khoza Keith

Applicant

Department of Economic Development (Gauteng)

Respondent

Procedural Posture

Urgent Application / Reasons for Order Following Urgent Application Hearing

Legal Issues

  1. 1 Whether the application is urgent and justifies deviation from ordinary procedures.
  2. 2 Whether the termination of the consultancy contract affects the applicant's appointment as CEO.
  3. 3 Whether the consultancy contract superseded the applicant's appointment as CEO.

Ratio Decidendi

The court found that the applicant failed to establish urgency as required by Rule 8(2) of the Labour Court Rules. The founding affidavit did not provide sufficient reasons for urgency beyond the impending termination date. The applicant had adequate alternative remedies available under the Labour Relations Act, including referral to the CCMA or bargaining council, and the consultancy contract itself provided for arbitration. The requirements for an interdict were not satisfied. Dismissing the application rather than striking it from the roll was appropriate to avoid clogging the court roll. Costs followed the result and were limited to one counsel.

Court Disposition

Application dismissed with costs.

Orders

  • The urgent application is dismissed.
  • The applicant is ordered to pay the costs, limited to the employment of one counsel.