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South Africa Judgment

Labour Court Johannesburg

Phahlane and Another v Emfuleni Local Municipality (J2024/17) [2017] ZALCJHB 326 (12 September 2017)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The application was dismissed because the applicants failed to establish urgency, did not plead or attach a specific provision of a collective agreement to support their claim of unlawfulness, and did not demonstrate irreparable harm. The court found that the applicants' complaint was essentially about the fairness of their suspension, which constitutes an unfair labour practice. The Labour Court does not have jurisdiction to adjudicate unfair labour practices as a court of first instance; such matters must be referred to the relevant bargaining council. The applicants did not provide reasons why they could not obtain appropriate redress through the alternative remedy, nor did they show that the precautionary suspension on full pay would cause irreparable harm.

Court disposition

Application dismissed.

Orders

  • The application is dismissed with no order as to costs.

02

Material facts

Parties

Lehlohonolo Vincent Phahlane

Applicant Counsel: M Petlane

Eric Michael Moloto

Applicant Counsel: M Mokgatle

Emfuleni Local Municipality

Respondent Counsel: W Mokhari SC

03

Procedural history

  1. Posture

    Urgent Application / Ex Tempore Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants alleged that their suspension was unlawful, invalid, and void, referencing the Labour Relations Act, the Code of Good Practice, and legal principles concerning fairness. They argued that the suspension was procedurally and substantively unfair and sought urgent relief from the court.
Respondent
The respondent contended that the applicants failed to establish urgency, did not plead or attach a relevant collective agreement provision, and that the Labour Court lacks jurisdiction over unfair labour practices. The respondent argued that the applicants have an alternative remedy through referral to the bargaining council and have not demonstrated irreparable harm.

05

Court’s reasoning

  1. 01

    Labour Relations Act

    The Labour Court does not have jurisdiction as a court of first instance regarding the fairness of a suspension; such matters must be referred as unfair labour practices to the relevant bargaining council.

  2. 02

    Labour Court Practice

    Applicants must establish urgency and demonstrate irreparable harm to justify urgent relief.

  3. 03

    City of Cape Town v Independent Municipal and Allied Workers Union and Others [2015] ZALCCT 58

    A party must plead and attach the specific provision of a collective agreement relied upon for a claim of unlawfulness.

06

Ratio, limits and disposition

Ratio decidendi

The application was dismissed because the applicants failed to establish urgency, did not plead or attach a specific provision of a collective agreement to support their claim of unlawfulness, and did not demonstrate irreparable harm. The court found that the applicants' complaint was essentially about the fairness of their suspension, which constitutes an unfair labour practice. The Labour Court does not have jurisdiction to adjudicate unfair labour practices as a court of first instance; such matters must be referred to the relevant bargaining council. The applicants did not provide reasons why they could not obtain appropriate redress through the alternative remedy, nor did they show that the precautionary suspension on full pay would cause irreparable harm.

Obiter and limits

  • The precautionary suspension is on full pay and is of limited duration, which mitigates potential harm.
  • The applicants only attempted to rely on a collective agreement at the hearing, which is procedurally impermissible.

Court disposition

Application dismissed.

  • The application is dismissed with no order as to costs.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Judgment

[2017] ZALCJHB 326

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Not Reportable

Case no: J 2024/17

In the matter between:

LEHLOHONOLO

VINCENT PHAHLANE First Applicant

ERIC

MICHAEL MOLOTO Second Applicant and

EMFULENI

LOCAL MUNICIPALITY Respondent

Heard: 12 September 2017

Delivered: 12 September 2017

EX TEMPORE

JUDGMENT

WHITCHER J

[1] This urgent application is dismissed for the reasons that follow.

[2] The applicants did not address why this matter is urgent.

[3] Although the applicant’s use words such as unlawful, invalid and void, they have failed to plead a specific provision of a collective agreement and attach same which gives rise to a case based on unlawfulness. They only attempted to do so at the hearing, which is not permitted. In any event, the applicability of the collective agreement they referred to is in doubt considering the decision of the Labour Court in the City of Cape Town v Independent Municipal and Allied Workers Union and Others.[1]

[4] Moreover where they say the suspension is invalid because it is for invalid reasons, they simply motivate why in their view their suspension is unfair and refer the court to the LRA, the Code of Good Practice and legal principles relevant to the fairness or otherwise of a suspension. The application, read as a whole demonstrate that they complain that the suspension is procedurally and substantively unfair.

[5] In this regard they have an alternative recourse (alternative remedy), namely a referral of an unfair labour practice to the

relevant bargaining council. This court is not a court of first instance regarding the fairness of a suspension and has no jurisdiction over unfair labour practices.

[6] The applicants do not state why they would not be afforded appropriate redress in filing an unfair labour practice with the

relevant bargaining council.

[7] The application also does not address whether the applicant’s will suffer irreparable harm and if so what harm they will suffer if this application is not granted. This is relevant considering the precautionary suspension is on full pay and by its nature is of a limited duration.

Order:

[8] The application is dismissed with no order as to costs

______

B Whitcher

Judge of the Labour Court of South Africa

APPEARANCES:

For the Applicants:

M Petlane and M Mokgatle

Instructed by:

Sihunu Attorneys

For the Respondent:

W Mokhari SC

Instructed by:

Werkmans Attorneys

[1] [2015] ZALCCT 58; [2015] 12 BLLR 1197 (LC); (2016) 37 ILJ 147 (LC), dated 17 September 2015.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

City of Cape Town v Independent Municipal and Allied Workers Union and Others [2015] ZALCCT 58; [2015] 12 BLLR 1197 (LC); (2016) 37 ILJ 147 (LC)

Case cited

Labour Relations Act

Legislation

Legislation referenced in the available case record.

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