Ndunyana v South African Municipal Workers Union (SAMWU) (J 482/15) [2015] ZALCJHB 88 (12 March 2015)

Ndunyana v South African Municipal Workers Union (SAMWU) (J 482/15) [2015] ZALCJHB 88 (12 March 2015)

The Court held that the amended application for declaratory relief regarding the applicant's dismissal constituted a new cause of action and was brought on insufficient notice, making it inappropriate to entertain on an urgent basis. The original application to uplift the suspension was rendered moot by the applicant's dismissal, regardless of its lawfulness or whether proper notice was given. The Court found that any order invalidating the dismissal would not guarantee meaningful relief, as reinstatement would only be temporary until proper notice was given. The respondent had not been afforded an opportunity to respond to the new claims, and the applicant should have sought a...

Citation
[2015] ZALCJHB 88
Parties
Applicant: Siphiwo Ndunyana; Respondent: The South African Municipal Workers Union (SAMWU)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 March 2015
Case Number
J 482/15
Procedural Posture
Urgent Application / Application for Urgent Interim Relief and Amendment to Notice of Motion
Outcome
The amended application for declaratory relief regarding dismissal is struck off the roll for lack of urgency; the original application to uplift suspension is dismissed; no order as to costs.
Judges
Lagrange
Legal Topics
Unfair Suspension, Urgent Interdict, Amendment of Notice of Motion, Specific Performance, Dismissal Procedure
Labour Law Civil Procedure Unfair Suspension Urgent Interdict Amendment of Notice of Motion Specific Performance Dismissal Procedure

Case Brief

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Parties

Siphiwo Ndunyana

Applicant

The South African Municipal Workers Union (SAMWU)

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief and Amendment to Notice of Motion

Legal Issues

  1. 1 Whether the applicant's suspension should be uplifted pending the CCMA determination of unfair suspension.
  2. 2 Whether the applicant's dismissal was invalid due to lack of notice and payment of one month's remuneration.
  3. 3 Whether the amended application for declaratory relief regarding dismissal can be entertained on urgent basis.

Ratio Decidendi

The Court held that the amended application for declaratory relief regarding the applicant's dismissal constituted a new cause of action and was brought on insufficient notice, making it inappropriate to entertain on an urgent basis. The original application to uplift the suspension was rendered moot by the applicant's dismissal, regardless of its lawfulness or whether proper notice was given. The Court found that any order invalidating the dismissal would not guarantee meaningful relief, as reinstatement would only be temporary until proper notice was given. The respondent had not been afforded an opportunity to respond to the new claims, and the applicant should have sought a...

Court Disposition

The amended application for declaratory relief regarding dismissal is struck off the roll for lack of urgency; the original application to uplift suspension is dismissed; no order as to costs.

Orders

  • The application to amend the notice of motion to include relief declaring the dismissal invalid and reinstating employment is struck off for lack of urgency.
  • The original application filed on 5 March 2015 is dismissed.