Koopman v PRASA Metrorail and Others (C1229/2018) [2018] ZALCJHB 422 (27 December 2018)

Koopman v PRASA Metrorail and Others (C1229/2018) [2018] ZALCJHB 422 (27 December 2018)

The applicant failed to establish any exceptional circumstances warranting the Labour Court's intervention in the ongoing disciplinary enquiry. The urgency claimed was self-created, and the application was not properly served nor substantiated. The applicant contributed to the delays in the enquiry and was provided with all relevant evidence. The Labour Court reiterated its reluctance to intervene in incomplete disciplinary proceedings, especially where alternative remedies exist. The application constituted a gross abuse of process and was frivolous and vexatious. Accordingly, the application was dismissed with a costs order against the applicant.

Citation
[2018] ZALCJHB 422
Parties
Applicant: Karel Koopman; Respondent: PRASA Metrorail; Respondent: L Qangule (Presiding Officer); Respondent: Vusi Swartbooi (Initiator); Respondent: C Nicholas (ER Specialist); Respondent: Thiso (SAPS, Woodstock Police Station)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 December 2018
Case Number
C1229/2018
Procedural Posture
Urgent Application / Application for Urgent Relief During Ongoing Disciplinary Enquiry
Outcome
Application dismissed with costs.
Judges
Tlhotlhalemaje
Legal Topics
Urgent Relief, Internal Disciplinary Proceedings, Court Intervention, Abuse of Process, Costs Order
Labour Law Urgent Relief Internal Disciplinary Proceedings Court Intervention Abuse of Process Costs Order

Case Brief

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Parties

Karel Koopman

Applicant

PRASA Metrorail

Respondent

L Qangule (Presiding Officer)

Respondent

Vusi Swartbooi (Initiator)

Respondent

C Nicholas (ER Specialist)

Respondent

Thiso (SAPS, Woodstock Police Station)

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief During Ongoing Disciplinary Enquiry

Legal Issues

  1. 1 Whether the applicant's urgent ex parte application to intervene in ongoing disciplinary proceedings is justified.
  2. 2 Whether the requirements for urgency under Rule 8 of the Labour Court Rules have been met.
  3. 3 Whether the Labour Court should intervene in incomplete internal disciplinary proceedings.

Ratio Decidendi

The applicant failed to establish any exceptional circumstances warranting the Labour Court's intervention in the ongoing disciplinary enquiry. The urgency claimed was self-created, and the application was not properly served nor substantiated. The applicant contributed to the delays in the enquiry and was provided with all relevant evidence. The Labour Court reiterated its reluctance to intervene in incomplete disciplinary proceedings, especially where alternative remedies exist. The application constituted a gross abuse of process and was frivolous and vexatious. Accordingly, the application was dismissed with a costs order against the applicant.

Court Disposition

Application dismissed with costs.

Orders

  • The applicant's application is dismissed.
  • The applicant is ordered to pay the first respondent's costs, inclusive of the costs occasioned by the employment of counsel.