Mosiane v Tlokwe City Council (J202/09) [2009] ZALC 39; [2009] 8 BLLR 772 (LC); (2009) 30 ILJ 2766 (LC) (24 April 2009)

Mosiane v Tlokwe City Council (J202/09) [2009] ZALC 39; [2009] 8 BLLR 772 (LC); (2009) 30 ILJ 2766 (LC) (24 April 2009)

The court found that the applicant failed to establish sufficient grounds for urgency. The reasons advanced, primarily relating to reputation and personal consequences, were not exceptional and did not warrant deviation from ordinary procedures. The court emphasized that all employees, regardless of position or means, must follow established dispute resolution mechanisms. The applicant's concerns about reputation and social consequences are common to many suspended or dismissed employees and do not justify urgent intervention. The application was therefore struck from the roll for lack of urgency, with costs awarded against the applicant.

Citation
[2009] ZALC 39
Parties
Applicant: Radinaledi Josiah Mosiane; Respondent: Tlokwe City Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
24 April 2009
Case Number
J202/09
Procedural Posture
Urgent Application / Application Struck From Roll for Lack of Urgency
Outcome
Application struck from the roll for lack of urgency, with costs awarded against the applicant.
Judges
Francis
Legal Topics
Urgent Application, Suspension of Employee, Disciplinary Procedure, Labour Relations Act, Fair Hearing
Labour Law Civil Procedure Urgent Application Suspension of Employee Disciplinary Procedure Labour Relations Act Fair Hearing

Case Brief

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Parties

Radinaledi Josiah Mosiane

Applicant

Tlokwe City Council

Respondent

Procedural Posture

Urgent Application / Application Struck From Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the applicant's suspension was unlawful and invalid.
  2. 2 Whether the application should be heard as a matter of urgency.
  3. 3 Whether the applicant was afforded a fair opportunity to respond to allegations against him.

Ratio Decidendi

The court found that the applicant failed to establish sufficient grounds for urgency. The reasons advanced, primarily relating to reputation and personal consequences, were not exceptional and did not warrant deviation from ordinary procedures. The court emphasized that all employees, regardless of position or means, must follow established dispute resolution mechanisms. The applicant's concerns about reputation and social consequences are common to many suspended or dismissed employees and do not justify urgent intervention. The application was therefore struck from the roll for lack of urgency, with costs awarded against the applicant.

Court Disposition

Application struck from the roll for lack of urgency, with costs awarded against the applicant.

Orders

  • The application is struck from the roll for lack of urgency.
  • The applicant is ordered to pay the costs of the application.