Machimane v Mashangoane and Others (J2382/10) [2010] ZALCJHB 337 (9 December 2010)

Machimane v Mashangoane and Others (J2382/10) [2010] ZALCJHB 337 (9 December 2010)

The applicant failed to establish urgency regarding the sexual harassment allegations, which were vague and unsupported by specific incidents. The principal's version was accepted on the probabilities. Regarding the written warnings, the principal did not comply with the prescribed disciplinary procedures or the audi alteram partem principle, as no hearing was afforded to the applicant. However, the harm suffered by the applicant was not irreparable, as the warnings would lapse after six months and she remained employed. The applicant had an adequate alternative remedy under the Labour Relations Act by referring the dispute to the Education Labour Relations Council, which could grant...

Citation
[2010] ZALCJHB 337
Parties
Applicant: Wendy Machimane; Respondent: Simon R Mashangoane; Respondent: Helen Franz Special School; Respondent: Dept of Education, Limpopo Provincial Government; Respondent: MEC, Dept of Education, Limpopo Provincial Government; Respondent: Head of the Department of Education, Limpopo Provincial Government
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 December 2010
Case Number
J2382/10
Procedural Posture
Urgent Application / Application for Urgent Interim Relief
Outcome
Application dismissed. No order as to costs.
Judges
Steenkamp
Legal Topics
Unfair Labour Practice, Disciplinary Procedure, Sexual Harassment, Interim Interdict, Audi Alteram Partem
Labour Law Civil Procedure Unfair Labour Practice Disciplinary Procedure Sexual Harassment Interim Interdict Audi Alteram Partem

Case Brief

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Parties

Wendy Machimane

Applicant

Simon R Mashangoane

Respondent

Helen Franz Special School

Respondent

Dept of Education, Limpopo Provincial Government

Respondent

MEC, Dept of Education, Limpopo Provincial Government

Respondent

Head of the Department of Education, Limpopo Provincial Government

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief

Legal Issues

  1. 1 Whether the application for urgent relief is justified.
  2. 2 Whether the applicant has established a prima facie case of sexual harassment.
  3. 3 Whether the written warnings issued to the applicant were unlawful or irregular due to procedural defects.

Ratio Decidendi

The applicant failed to establish urgency regarding the sexual harassment allegations, which were vague and unsupported by specific incidents. The principal's version was accepted on the probabilities. Regarding the written warnings, the principal did not comply with the prescribed disciplinary procedures or the audi alteram partem principle, as no hearing was afforded to the applicant. However, the harm suffered by the applicant was not irreparable, as the warnings would lapse after six months and she remained employed. The applicant had an adequate alternative remedy under the Labour Relations Act by referring the dispute to the Education Labour Relations Council, which could grant...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.