Mdlulu v National Housing Finance Corporation (J841/2024) [2024] ZALCJHB 346 (23 August 2024)

Mdlulu v National Housing Finance Corporation (J841/2024) [2024] ZALCJHB 346 (23 August 2024)

The court found that the applicant's urgency was self-created, as she was notified on 4 July 2024 of her exhausted leave and the need to apply for special leave to receive her July salary, but failed to act on this offer. The applicant did not provide a medical certificate for July 2024 and did not explain the delay in bringing the application. The respondent was justified in withholding the salary, having complied with contractual and statutory requirements. The applicant's claim of lack of notice was disingenuous, given the clear correspondence from the respondent. The court held that substantial redress remained available to the applicant in due course, and urgent relief was not...

Citation
[2024] ZALCJHB 346
Parties
Applicant: Dimakatso Mdluli; Respondent: National Housing Finance Corporation
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 August 2024
Case Number
J841/2024
Procedural Posture
Urgent Application / Application for Urgent Declaratory Relief Under Section 77(3) and 77 A(e) of the BCEA
Outcome
Application struck off the roll for lack of urgency.
Judges
Tlhotlhalemaje
Legal Topics
Basic Conditions of Employment Act, Sick Leave Entitlement, Urgent Application Requirements, Declaratory Relief
Labour Law Civil Procedure Basic Conditions of Employment Act Sick Leave Entitlement Urgent Application Requirements Declaratory Relief

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Parties

Dimakatso Mdluli

Applicant

National Housing Finance Corporation

Respondent

Procedural Posture

Urgent Application / Application for Urgent Declaratory Relief Under Section 77(3) and 77 A(e) of the BCEA

Legal Issues

  1. 1 Whether the applicant is entitled to urgent relief for alleged breach of employment contract due to non-payment of salary for July 2024.
  2. 2 Whether the respondent was justified in withholding the applicant's salary for July 2024 based on exhaustion of sick and annual leave and lack of medical certificate.
  3. 3 Whether the urgency claimed by the applicant is self-created and whether substantial redress is available in due course.

Ratio Decidendi

The court found that the applicant's urgency was self-created, as she was notified on 4 July 2024 of her exhausted leave and the need to apply for special leave to receive her July salary, but failed to act on this offer. The applicant did not provide a medical certificate for July 2024 and did not explain the delay in bringing the application. The respondent was justified in withholding the salary, having complied with contractual and statutory requirements. The applicant's claim of lack of notice was disingenuous, given the clear correspondence from the respondent. The court held that substantial redress remained available to the applicant in due course, and urgent relief was not...

Court Disposition

Application struck off the roll for lack of urgency.

Orders

  • The applicant's application is struck off from the roll on account of lack of urgency.
  • There is no order as to costs.