PAWU obo Netshikhudini v CCMA and Others (J 1171/2022) [2022] ZALCJHB 258; (2022) 43 ILJ 2812 (LC) (21 September 2022)

PAWU obo Netshikhudini v CCMA and Others (J 1171/2022) [2022] ZALCJHB 258; (2022) 43 ILJ 2812 (LC) (21 September 2022)

The court found that the applicant failed to establish any exceptional circumstances warranting urgent intervention in the internal disciplinary process. The complaints regarding union representation and access to information should be addressed before the disciplinary chairperson, not the court. The applicant did not demonstrate a prima facie right to the relief sought, nor irreparable harm, and had an adequate alternative remedy under the LRA. The application was incoherent and amounted to an abuse of process, justifying a punitive costs order against the union. The court dismissed the application and ordered the union to pay costs on an attorney and client scale, excluding costs for...

Citation
[2022] ZALCJHB 258
Parties
Applicant: PAWUSA obo Fulufhelo Netshikhudini; Respondent: CCMA; Respondent: Mr Cameron N.O.; Respondent: SASOL; Respondent: Fleet Grobler N.O.; Respondent: CSG Resourcing (Pty) Ltd; Respondent: Mahlangu T N.O.; Respondent: Fempower Personnel (Pty) Ltd; Respondent: Ben Bekker N.O.; Respondent: Mbali Tsiki
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 September 2022
Case Number
J 1171/2022
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Review
Outcome
Application dismissed with costs against the union on an attorney and client scale, excluding costs for attendance on 19 and 20 September 2022.
Judges
Van Niekerk
Legal Topics
Interim Interdict, Disciplinary Hearing, Union Representation, Costs Order, Abuse of Process
Labour Law Civil Procedure Interim Interdict Disciplinary Hearing Union Representation Costs Order Abuse of Process

Case Brief

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Parties

PAWUSA obo Fulufhelo Netshikhudini

Applicant

CCMA

Respondent

Mr Cameron N.O.

Respondent

SASOL

Respondent

Fleet Grobler N.O.

Respondent

CSG Resourcing (Pty) Ltd

Respondent

Mahlangu T N.O.

Respondent

Fempower Personnel (Pty) Ltd

Respondent

Ben Bekker N.O.

Respondent

Mbali Tsiki

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant is entitled to urgent interim relief to interdict the disciplinary hearing and suspension.
  2. 2 Whether the applicant has established exceptional circumstances justifying court intervention in internal disciplinary proceedings.
  3. 3 Whether the applicant has a prima facie right to the relief sought.

Ratio Decidendi

The court found that the applicant failed to establish any exceptional circumstances warranting urgent intervention in the internal disciplinary process. The complaints regarding union representation and access to information should be addressed before the disciplinary chairperson, not the court. The applicant did not demonstrate a prima facie right to the relief sought, nor irreparable harm, and had an adequate alternative remedy under the LRA. The application was incoherent and amounted to an abuse of process, justifying a punitive costs order against the union. The court dismissed the application and ordered the union to pay costs on an attorney and client scale, excluding costs for...

Court Disposition

Application dismissed with costs against the union on an attorney and client scale, excluding costs for attendance on 19 and 20 September 2022.

Orders

  • The application is dismissed.
  • PAWUSA is ordered to pay costs on the scale as between attorney and client, excluding costs for attendance at court on 19 and 20 September 2022.