Mbatha v Dube Tradeport Corporation (D1269/2019) [2019] ZALCD 10 (15 October 2019)

Mbatha v Dube Tradeport Corporation (D1269/2019) [2019] ZALCD 10 (15 October 2019)

The court found that the applicant failed to establish sufficient urgency, as the delay in bringing the application was inadequately explained and the financial hardship claimed was not exceptional but rather a common consequence of dismissal. The court held that the Labour Relations Act does not provide for orders declaring dismissals invalid and that the applicant had alternative remedies available, specifically referral to the CCMA. The contract of employment expressly required disputes regarding termination to be resolved under the LRA. Accordingly, the Labour Court lacked jurisdiction to grant the declaratory relief sought, and the application was dismissed.

Citation
[2019] ZALCD 10
Parties
Applicant: Zodwa Patricia Mbatha; Respondent: Dube Tradeport Corporation
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
15 October 2019
Case Number
D1269/2019
Procedural Posture
Urgent Application / Application for Declaratory Relief and Urgent Reinstatement
Outcome
Application dismissed for lack of urgency and jurisdiction.
Judges
Tlhotlhalemaje
Legal Topics
Unlawful Dismissal, Jurisdiction of Labour Court, Urgent Relief, Contractual Termination, Alternative Remedies
Labour Law Civil Procedure Unlawful Dismissal Jurisdiction of Labour Court Urgent Relief Contractual Termination Alternative Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Zodwa Patricia Mbatha

Applicant

Dube Tradeport Corporation

Respondent

Procedural Posture

Urgent Application / Application for Declaratory Relief and Urgent Reinstatement

Legal Issues

  1. 1 Whether the applicant's dismissal was unlawful and void ab initio.
  2. 2 Whether the Labour Court had jurisdiction to grant the declaratory relief sought.
  3. 3 Whether the matter was sufficiently urgent to justify deviation from ordinary court rules.

Ratio Decidendi

The court found that the applicant failed to establish sufficient urgency, as the delay in bringing the application was inadequately explained and the financial hardship claimed was not exceptional but rather a common consequence of dismissal. The court held that the Labour Relations Act does not provide for orders declaring dismissals invalid and that the applicant had alternative remedies available, specifically referral to the CCMA. The contract of employment expressly required disputes regarding termination to be resolved under the LRA. Accordingly, the Labour Court lacked jurisdiction to grant the declaratory relief sought, and the application was dismissed.

Court Disposition

Application dismissed for lack of urgency and jurisdiction.

Orders

  • The applicant's urgent application is dismissed.
  • There is no order as to costs.