Maake v South African Airways Technical (SOC) Ltd (J1764/19) [2019] ZALCJHB 225 (28 August 2019)

Maake v South African Airways Technical (SOC) Ltd (J1764/19) [2019] ZALCJHB 225 (28 August 2019)

The court found that the applicant failed to establish a prima facie right to the position of Senior Aviation Instructor, as her evidence did not demonstrate a reasonable prospect of success in a substantive application for declaratory relief. The letter of authority and acting policy guidelines did not support her claim to permanent appointment. The court further held that the applicant would not suffer irreparable harm, as her entitlement to the post is based on alleged facts independent of the recruitment process, and she could assert her rights even if another appointment was made. The requirements for interim relief were not met, and the application was dismissed.

Citation
[2019] ZALCJHB 225
Parties
Applicant: Nthabiseng Maake; Respondent: South African Airways Technical (SOC) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 August 2019
Case Number
J1764/19
Procedural Posture
Urgent Application / Interim Interdict Pending Substantive Application
Outcome
Application dismissed.
Judges
R G Lagrange
Legal Topics
Interim Interdict, Permanent Appointment, Acting Policy Guidelines, Probation and Permanent Employment
Labour Law Civil Procedure Interim Interdict Permanent Appointment Acting Policy Guidelines Probation and Permanent Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Nthabiseng Maake

Applicant

South African Airways Technical (SOC) Ltd

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Substantive Application

Legal Issues

  1. 1 Whether the applicant has established a prima facie right to the position of Senior Aviation Instructor.
  2. 2 Whether the applicant will suffer irreparable harm if interim relief is not granted.
  3. 3 Whether there is no other satisfactory remedy available to the applicant.

Ratio Decidendi

The court found that the applicant failed to establish a prima facie right to the position of Senior Aviation Instructor, as her evidence did not demonstrate a reasonable prospect of success in a substantive application for declaratory relief. The letter of authority and acting policy guidelines did not support her claim to permanent appointment. The court further held that the applicant would not suffer irreparable harm, as her entitlement to the post is based on alleged facts independent of the recruitment process, and she could assert her rights even if another appointment was made. The requirements for interim relief were not met, and the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • Non-compliance with the rules of service and time periods in the Labour Court rules is condoned.
  • The application is dismissed.