SAMWU obo Dlamini and Others v Mogale City Local Municipality and Another (J2245/2014) [2014] ZALCJHB 360; [2014] 12 BLLR 1236 (LC) (17 September 2014)

SAMWU obo Dlamini and Others v Mogale City Local Municipality and Another (J2245/2014) [2014] ZALCJHB 360; [2014] 12 BLLR 1236 (LC) (17 September 2014)

The Labour Court found that the applicants failed to establish a prima facie right to the interim relief sought. The review application challenging the chairperson's interpretation of clause 6.3 of the collective agreement was ill-conceived, as disputes regarding the interpretation and application of collective agreements must be resolved through arbitration before the bargaining council under section 24 of the LRA, not by way of review in the Labour Court. The Court interpreted 'becoming aware of the alleged misconduct' in clause 6.3 to mean the date when the employer is presented with a written investigation report enabling it to formulate charges, not the date of suspension. In this...

Citation
[2014] ZALCJHB 360
Parties
Applicant: SAMWU obo Dlamini and 2 Others; Respondent: Mogale City Local Municipality; Respondent: Mokebe R
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 September 2014
Case Number
J2245/2014
Procedural Posture
Urgent Application / Interim Interdict Application Before Disciplinary Hearing
Outcome
Application dismissed with costs.
Judges
Snyman AJ
Legal Topics
Interim Interdict, Collective Agreement Interpretation, Disciplinary Procedure, Urgent Application, Alternative Remedy, Jurisdiction
Labour Law Civil Procedure Interim Interdict Collective Agreement Interpretation Disciplinary Procedure Urgent Application Alternative Remedy Jurisdiction

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Parties

SAMWU obo Dlamini and 2 Others

Applicant

Mogale City Local Municipality

Respondent

Mokebe R

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Before Disciplinary Hearing

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to interdict disciplinary proceedings on an urgent basis.
  2. 2 Whether the applicants have established a prima facie right to interim relief pending review.
  3. 3 Interpretation of clause 6.3 of the SALGBC Disciplinary Procedure and Code Collective Agreement regarding the time period for instituting disciplinary proceedings.

Ratio Decidendi

The Labour Court found that the applicants failed to establish a prima facie right to the interim relief sought. The review application challenging the chairperson's interpretation of clause 6.3 of the collective agreement was ill-conceived, as disputes regarding the interpretation and application of collective agreements must be resolved through arbitration before the bargaining council under section 24 of the LRA, not by way of review in the Labour Court. The Court interpreted 'becoming aware of the alleged misconduct' in clause 6.3 to mean the date when the employer is presented with a written investigation report enabling it to formulate charges, not the date of suspension. In this...

Court Disposition

Application dismissed with costs.

Orders

  • The applicants’ application is dismissed with costs.