Mogotlane v Drs Dietrich, Voight, Mia and Partners (C81/2017) [2017] ZALCCT 9 (6 March 2017)

Mogotlane v Drs Dietrich, Voight, Mia and Partners (C81/2017) [2017] ZALCCT 9 (6 March 2017)

The court found that the application was not urgent, as the applicant had an adequate alternative remedy in the form of a CCMA unfair labour practice dispute set down for hearing within a week. The applicant failed to demonstrate irreparable harm, as he was suspended on full pay and the suspension was of limited duration. The mediation agreement constituted a compromise, but the applicant repudiated it by refusing to relocate to Gauteng, entitling the respondent to cancel the agreement and reinstate disciplinary proceedings. The suspension was not unlawful, and any unfairness in the process could be addressed in the CCMA or before the independent adjudicator. The requirements for interim...

Citation
[2017] ZALCCT 9
Parties
Applicant: Dr Lesiba Mogotlane; Respondent: Drs Dietrich, Voigt, Mia and Partners
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
6 March 2017
Case Number
C81/2017
Procedural Posture
Urgent Application / Application for Urgent Interim Relief to Uplift Suspension Pending CCMA Unfair Labour Practice Proceedings
Outcome
Application dismissed with costs, including costs of two counsel and costs of the postponed hearing.
Judges
Steenkamp
Legal Topics
Unfair Suspension, Urgent Interim Relief, Mediation Agreement, Disciplinary Hearing, Alternative Remedy, Compromise and Settlement
Labour Law Civil Procedure Unfair Suspension Urgent Interim Relief Mediation Agreement Disciplinary Hearing Alternative Remedy Compromise and Settlement

Case Brief

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Parties

Dr Lesiba Mogotlane

Applicant

Drs Dietrich, Voigt, Mia and Partners

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief to Uplift Suspension Pending CCMA Unfair Labour Practice Proceedings

Legal Issues

  1. 1 Whether the applicant's suspension was unlawful and/or unfair.
  2. 2 Whether the application for urgent interim relief should be granted pending the CCMA unfair labour practice proceedings.
  3. 3 Whether the applicant has an alternative remedy under the Labour Relations Act.

Ratio Decidendi

The court found that the application was not urgent, as the applicant had an adequate alternative remedy in the form of a CCMA unfair labour practice dispute set down for hearing within a week. The applicant failed to demonstrate irreparable harm, as he was suspended on full pay and the suspension was of limited duration. The mediation agreement constituted a compromise, but the applicant repudiated it by refusing to relocate to Gauteng, entitling the respondent to cancel the agreement and reinstate disciplinary proceedings. The suspension was not unlawful, and any unfairness in the process could be addressed in the CCMA or before the independent adjudicator. The requirements for interim...

Court Disposition

Application dismissed with costs, including costs of two counsel and costs of the postponed hearing.

Orders

  • The application is dismissed with costs, including the costs of two counsel where so employed, and including the costs of 23 February 2017.