Mashaba v South African Football Association (SAFA) (J122/17) [2017] ZALCJHB 53; [2017] 6 BLLR 621 (LC); (2017) 38 ILJ 1668 (LC) (21 February 2017)

Mashaba v South African Football Association (SAFA) (J122/17) [2017] ZALCJHB 53; [2017] 6 BLLR 621 (LC); (2017) 38 ILJ 1668 (LC) (21 February 2017)

The applicant failed to establish a prima facie right to prevent the respondent from appointing a replacement coach pending the outcome of the CCMA arbitration. The Labour Relations Act provides the right to reinstatement if a dismissal is found to be substantively unfair, but does not confer a right to keep the position vacant in anticipation of a possible reinstatement. The appointment of a replacement coach does not render reinstatement 'not reasonably practicable' under section 193(2)(c), and the employer must bear the risk of contractual complications if ordered to reinstate. The arbitration process provides an adequate and primary remedy for the applicant, and any harm resulting...

Citation
[2017] ZALCJHB 53
Parties
Applicant: Ephraim Mashaba; Respondent: South African Football Association (SAFA)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 February 2017
Case Number
J122/17
Procedural Posture
Urgent Application / Application for Interim Relief Pending Outcome of CCMA Arbitration
Outcome
Application dismissed.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Interim Relief, Reinstatement, Section 193 Lra, Alternative Remedy
Labour Law Unfair Dismissal Interim Relief Reinstatement Section 193 Lra Alternative Remedy

Case Brief

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Parties

Ephraim Mashaba

Applicant

South African Football Association (SAFA)

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief Pending Outcome of CCMA Arbitration

Legal Issues

  1. 1 Whether the applicant is entitled to interim relief restraining the respondent from appointing a new head coach pending the outcome of CCMA proceedings.
  2. 2 Whether the appointment of a replacement coach would cause irreparable harm to the applicant's prospects of reinstatement.
  3. 3 Whether the Labour Court has the power to prevent the respondent from entering into employment contracts with third parties pending arbitration.

Ratio Decidendi

The applicant failed to establish a prima facie right to prevent the respondent from appointing a replacement coach pending the outcome of the CCMA arbitration. The Labour Relations Act provides the right to reinstatement if a dismissal is found to be substantively unfair, but does not confer a right to keep the position vacant in anticipation of a possible reinstatement. The appointment of a replacement coach does not render reinstatement 'not reasonably practicable' under section 193(2)(c), and the employer must bear the risk of contractual complications if ordered to reinstate. The arbitration process provides an adequate and primary remedy for the applicant, and any harm resulting...

Court Disposition

Application dismissed.

Orders

  • The application is dealt with as one of urgency and the rules of the Labour Court relating to service and time periods are dispensed with.
  • The application is dismissed.