Sanson and Others v Mobile Telephone Networks (Pty) Ltd and Others (D 242/15) [2015] ZALCD 21 (31 March 2015)

Sanson and Others v Mobile Telephone Networks (Pty) Ltd and Others (D 242/15) [2015] ZALCD 21 (31 March 2015)

The court found that the applicants had established a prima facie right to the continued use of company cars pending the outcome of the CCMA arbitration, as the benefit formed part of their terms and conditions of employment and was unilaterally withdrawn by the employer. The urgency was not self-created, as the applicants followed the prescribed dispute resolution process and only approached the court when the respondent raised points in limine at arbitration, delaying resolution. The applicants demonstrated a well-founded apprehension of harm, and the balance of convenience favoured them, as the respondent would suffer minimal harm by maintaining the status quo. The requirements for...

Citation
[2015] ZALCD 21
Parties
Applicant: Francois Jacques Sanson & 19 others; Respondent: Mobile Telephone Networks (Pty) Ltd; Respondent: CCMA; Respondent: Humphrey Ndaba N.O.
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
31 March 2015
Case Number
D 242/15
Procedural Posture
Urgent Application / Interim Relief Pending Arbitration
Outcome
Interim interdict granted in favour of the applicants; no order as to costs.
Judges
Steenkamp
Legal Topics
Unfair Labour Practice, Interim Interdict, Terms and Conditions of Employment, Urgent Relief
Labour Law Civil Procedure Unfair Labour Practice Interim Interdict Terms and Conditions of Employment Urgent Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Francois Jacques Sanson & 19 others

Applicant

Mobile Telephone Networks (Pty) Ltd

Respondent

CCMA

Respondent

Humphrey Ndaba N.O.

Respondent

Procedural Posture

Urgent Application / Interim Relief Pending Arbitration

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim relief pending the outcome of the CCMA arbitration.
  2. 2 Whether the unilateral removal of company cars constitutes an unfair labour practice relating to benefits.
  3. 3 Whether the requirements for interim interdict have been satisfied.

Ratio Decidendi

The court found that the applicants had established a prima facie right to the continued use of company cars pending the outcome of the CCMA arbitration, as the benefit formed part of their terms and conditions of employment and was unilaterally withdrawn by the employer. The urgency was not self-created, as the applicants followed the prescribed dispute resolution process and only approached the court when the respondent raised points in limine at arbitration, delaying resolution. The applicants demonstrated a well-founded apprehension of harm, and the balance of convenience favoured them, as the respondent would suffer minimal harm by maintaining the status quo. The requirements for...

Court Disposition

Interim interdict granted in favour of the applicants; no order as to costs.

Orders

  • The first respondent (MTN) is interdicted from implementing its decision to remove the applicants’ company cars with effect from 1 April 2015 pending the outcome of the arbitration dispute lodged with the CCMA under case number KNDB1004/15.
  • No order as to costs.