Nale v North West Development Corporation and Another (J2532/15) [2016] ZALCJHB 40; (2016) 37 ILJ 2277 (LAC) (12 January 2016)

Nale v North West Development Corporation and Another (J2532/15) [2016] ZALCJHB 40; (2016) 37 ILJ 2277 (LAC) (12 January 2016)

The court found the application lacked urgency, as the applicant suffered no prejudice while suspended on full pay and the disciplinary hearing was imminent. On the merits, the Board had statutory authority to suspend the applicant, and the requirements for procedural fairness were satisfied. The applicant had alternative remedies under the Labour Relations Act and CCMA, making a declaratory order inappropriate. Direct constitutional relief was not available, as the right to fair labour practices is codified in the Labour Relations Act. The application was struck from the roll for lack of urgency, with no order as to costs.

Citation
[2016] ZALCJHB 40
Parties
Applicant: Mojalefa Johanenes Nale; Respondent: North West Development Corporation; Respondent: MEC for Finance, Economy and Enterprise Development
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 January 2016
Case Number
J2532/15
Procedural Posture
Urgent Application / Application to Declare Suspension Invalid and Set Aside
Outcome
Application struck from the roll for lack of urgency; no order as to costs.
Judges
Steenkamp
Legal Topics
Precautionary Suspension, Unfair Labour Practice, Contractual Authority, Procedural Fairness, Constitutional Rights, Alternative Remedies
Labour Law Civil Procedure Precautionary Suspension Unfair Labour Practice Contractual Authority Procedural Fairness Constitutional Rights Alternative Remedies

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Parties

Mojalefa Johanenes Nale

Applicant

North West Development Corporation

Respondent

MEC for Finance, Economy and Enterprise Development

Respondent

Procedural Posture

Urgent Application / Application to Declare Suspension Invalid and Set Aside

Legal Issues

  1. 1 Whether the applicant's precautionary suspension was invalid, unlawful, unconstitutional, and of no legal force and effect.
  2. 2 Whether the Board of the North West Development Corporation had authority to suspend the applicant.
  3. 3 Whether the suspension complied with the applicant's contract of employment and relevant statutes.

Ratio Decidendi

The court found the application lacked urgency, as the applicant suffered no prejudice while suspended on full pay and the disciplinary hearing was imminent. On the merits, the Board had statutory authority to suspend the applicant, and the requirements for procedural fairness were satisfied. The applicant had alternative remedies under the Labour Relations Act and CCMA, making a declaratory order inappropriate. Direct constitutional relief was not available, as the right to fair labour practices is codified in the Labour Relations Act. The application was struck from the roll for lack of urgency, with no order as to costs.

Court Disposition

Application struck from the roll for lack of urgency; no order as to costs.

Orders

  • The application is struck from the roll for lack of urgency.
  • No order as to costs.