Pyke v Bensure Management Services (Pty) Ltd and Another (P 356/11) [2013] ZALCPE 17 (16 July 2013)

Pyke v Bensure Management Services (Pty) Ltd and Another (P 356/11) [2013] ZALCPE 17 (16 July 2013)

The Labour Court found that the applicant's debarment, which she identified as an unfair labour practice, must be determined by the CCMA. The court cannot usurp the CCMA's function by granting final relief in respect of the debarment. The applicant failed to seek appropriate interim relief pending the outcome of the CCMA proceedings and did not make the necessary averments for such relief. The omission to join Bonrisk (Pty) Ltd was not fatal, as the evidence did not establish it as a separate legal entity. Disputes of fact could be resolved on the papers. The prayers sought by the applicant constituted final relief, which the court was not empowered to grant in the circumstances....

Citation
[2013] ZALCPE 17
Parties
Applicant: Deborah Glen Pyke; Respondent: Bensure Management Services (Pty) Ltd; Respondent: Financial Services Board
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
16 July 2013
Case Number
P 356/11
Procedural Posture
Urgent Application / Application for Final Interdict and Ancillary Relief
Outcome
Application dismissed with costs.
Judges
Lallie
Legal Topics
Unfair Labour Practice, Interdict, Debarment, Jurisdiction, Fit and Proper Requirement
Labour Law Civil Procedure Unfair Labour Practice Interdict Debarment Jurisdiction Fit and Proper Requirement

Case Brief

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Parties

Deborah Glen Pyke

Applicant

Bensure Management Services (Pty) Ltd

Respondent

Financial Services Board

Respondent

Procedural Posture

Urgent Application / Application for Final Interdict and Ancillary Relief

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to grant relief in respect of debarment under the Financial Advisory and Intermediary Services Act.
  2. 2 Whether the applicant made out a case for a final interdict or appropriate interim relief pending the CCMA proceedings.
  3. 3 Whether failure to join Bonrisk (Pty) Ltd as a party is fatal to the application.

Ratio Decidendi

The Labour Court found that the applicant's debarment, which she identified as an unfair labour practice, must be determined by the CCMA. The court cannot usurp the CCMA's function by granting final relief in respect of the debarment. The applicant failed to seek appropriate interim relief pending the outcome of the CCMA proceedings and did not make the necessary averments for such relief. The omission to join Bonrisk (Pty) Ltd was not fatal, as the evidence did not establish it as a separate legal entity. Disputes of fact could be resolved on the papers. The prayers sought by the applicant constituted final relief, which the court was not empowered to grant in the circumstances....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.