Letsoalo and Others v Minister of Police and Others (J556/16, J557/16) [2016] ZALCJHB 124; [2016] 8 BLLR 793 (LC); (2016) 37 (ILJ) 1916 (LC) (5 April 2016)

Letsoalo and Others v Minister of Police and Others (J556/16, J557/16) [2016] ZALCJHB 124; [2016] 8 BLLR 793 (LC); (2016) 37 (ILJ) 1916 (LC) (5 April 2016)

The court found that the grievances lodged by the applicants were driven by personal animosity rather than a bona fide intention to make a protected disclosure in the public interest. The language and demands in the grievance indicated a lack of good faith. The applicants failed to establish that the disciplinary actions were instituted in response to a protected disclosure. Furthermore, the delay in bringing the urgent application undermined any claim to urgency. The existence of an alternative remedy under section 188A(11) of the Labour Relations Act, which allows for an independent inquiry by an arbitrator, precluded the granting of interim relief. The court held that proceedings on...

Citation
[2016] ZALCJHB 124
Parties
Applicant: DD Letsoalo; Applicant: JB Nyalungu; Applicant: TRC Sesing; Respondent: Minister of Police; Respondent: Commissioner of South African Police; Respondent: Provincial Commissioner of the SAPS; Respondent: Brigadier Shithlabane; Respondent: Lt Col Nkuna
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 April 2016
Case Number
J556/16, J557/16
Procedural Posture
Urgent Application / Interim Relief Pending Unfair Labour Practice Adjudication
Outcome
Application dismissed; no order as to costs.
Judges
P Benjamin
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

Case Brief

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Parties

DD Letsoalo

Applicant

JB Nyalungu

Applicant

TRC Sesing

Applicant

Minister of Police

Respondent

Commissioner of South African Police

Respondent

Provincial Commissioner of the SAPS

Respondent

Brigadier Shithlabane

Respondent

Lt Col Nkuna

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Unfair Labour Practice Adjudication

Legal Issues

  1. 1 Whether the applicants made a protected disclosure under the Protected Disclosures Act.
  2. 2 Whether the disciplinary actions against the applicants and grievance officer constitute occupational detriments in response to a protected disclosure.
  3. 3 Whether the matter is urgent and warrants interim relief.

Ratio Decidendi

The court found that the grievances lodged by the applicants were driven by personal animosity rather than a bona fide intention to make a protected disclosure in the public interest. The language and demands in the grievance indicated a lack of good faith. The applicants failed to establish that the disciplinary actions were instituted in response to a protected disclosure. Furthermore, the delay in bringing the urgent application undermined any claim to urgency. The existence of an alternative remedy under section 188A(11) of the Labour Relations Act, which allows for an independent inquiry by an arbitrator, precluded the granting of interim relief. The court held that proceedings on...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.