Mohlomi v Ventersdorp / Tlokwe Municipality and Another (J2910/16) [2017] ZALCJHB 479; [2018] 4 BLLR 355 (LC); (2018) 39 ILJ 1096 (LC) (14 November 2017)

Mohlomi v Ventersdorp / Tlokwe Municipality and Another (J2910/16) [2017] ZALCJHB 479; [2018] 4 BLLR 355 (LC); (2018) 39 ILJ 1096 (LC) (14 November 2017)

The court held that the termination of the applicant's employment by municipal council resolution constitutes a dismissal as defined in Section 186(1)(a) of the LRA. The applicant, as a public sector employee, was required to pursue his challenge as an unfair dismissal dispute through the prescribed dispute...

Source-derived case information.

Citation
[2017] ZALCJHB 479
Parties
Applicant: Molemo Kgodisang Lawson Mohlomi; Respondent: Ventersdorp / Tlokwe Municipality; Respondent: MEC for Local Government and Human Settlement: North West Province
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 November 2017
Case Number
J2910/16
Procedural Posture
Review Application / Final Judgment on Review and Counter Application
Outcome
Both the applicant's review application and the first respondent's counter-application are dismissed. The interim relief granted to the applicant is discharged. No order as to costs.
Judges
S Snyman
Legal Topics
Legality Review, Unfair Dismissal, Municipal Systems Act, Jurisdiction of Labour Court, Exceptional Circumstances, Delay in Review
Labour Law Civil Procedure Legality Review Unfair Dismissal Municipal Systems Act Jurisdiction of Labour Court Exceptional Circumstances Delay in Review

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Summary, issues, holding and outcome

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Parties

Molemo Kgodisang Lawson Mohlomi

Applicant

Ventersdorp / Tlokwe Municipality

Respondent

MEC for Local Government and Human Settlement: North West Province

Respondent

Procedural Posture

Review Application / Final Judgment on Review and Counter Application

Legal Issues

  1. 1 Whether the termination of the applicant's employment by municipal council resolution constitutes a dismissal under the LRA.
  2. 2 Whether the applicant's challenge to the termination should be brought as a legality review or as an unfair dismissal dispute under the LRA.
  3. 3 Whether exceptional circumstances exist to justify bypassing the prescribed dispute resolution processes under Chapter VIII of the LRA.

Ratio Decidendi

The court held that the termination of the applicant's employment by municipal council resolution constitutes a dismissal as defined in Section 186(1)(a) of the LRA. The applicant, as a public sector employee, was required to pursue his challenge as an unfair dismissal dispute through the prescribed dispute resolution processes under Chapter VIII of the LRA, not by way of a legality review. The court found no exceptional circumstances justifying bypassing the statutory process. The first respondent's counter-application to review the applicant's appointment was dismissed due to excessive and unexplained delay, and because the respondent was bound by its choice to remedy non-compliance by...

Court Disposition

Both the applicant's review application and the first respondent's counter-application are dismissed. The interim relief granted to the applicant is discharged. No order as to costs.

Orders

  • The applicant’s application is dismissed.
  • The first respondent’s counter-application is dismissed.