Setlhoane and Others v Department of Education: North-West Province and Others (J2234/09, J2193/09) [2009] ZALC 119 (26 November 2009)
The Labour Court dismissed the application for leave to appeal, finding no reasonable prospect that another court would reach a different conclusion. The applicants' cause of action was based on the unlawfulness of their suspensions due to the denial of a hearing, not on unfair labour practice. The Court held that it had jurisdiction to grant relief under section 77(3) of the BCEA and section 158(1)(iv) of the LRA. The audi alteram partem rule applies to suspension cases, and the respondents failed to comply with this rule by suspending the applicants without a hearing. The matter was urgent, and condonation of non-compliance with the rules was justified. The relief sought was a final...
- Citation
- [2009] ZALC 119
- Parties
- Applicant: Rebecca Dince Setlhoane; Applicant: Mokgotsi Gustaph Mompei; Applicant: Josias Siegfried Hlongwa; Applicant: H M Mweli; Respondent: Department of Education: North-West Province; Respondent: MEC: Education North West Province; Respondent: Office of the Superintendent-General
- Court
- Labour Court
- Jurisdiction
- South Africa
- Judgment Date
- 26 November 2009
- Case Number
- J2234/09, J2193/09
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Issued on 28 October 2009; Consolidated Cases
- Outcome
- Application for leave to appeal dismissed; costs awarded against respondents; Mr Mweli’s application for compliance and contempt struck off the roll with no order as to costs.
- Judges
- Molahlehi
- Legal Topics
- Unfair Labour Practice, Precautionary Suspension, Jurisdiction of Labour Court, Audi Alteram Partem, Urgent Application, Final Declaratory Order
Case Brief
Summary, issues, holding and outcome
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Parties
Rebecca Dince Setlhoane
Applicant
Mokgotsi Gustaph Mompei
Applicant
Josias Siegfried Hlongwa
Applicant
H M Mweli
Applicant
Department of Education: North-West Province
Respondent
MEC: Education North West Province
Respondent
Office of the Superintendent-General
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Issued on 28 October 2009; Consolidated Cases
Legal Issues
- 1 Whether the Labour Court had jurisdiction to grant relief in respect of the applicants' suspension.
- 2 Whether the suspensions were unlawful due to failure to afford a hearing (audi alteram partem).
- 3 Whether the matter was urgent and justified condonation of non-compliance with court rules.
Ratio Decidendi
The Labour Court dismissed the application for leave to appeal, finding no reasonable prospect that another court would reach a different conclusion. The applicants' cause of action was based on the unlawfulness of their suspensions due to the denial of a hearing, not on unfair labour practice. The Court held that it had jurisdiction to grant relief under section 77(3) of the BCEA and section 158(1)(iv) of the LRA. The audi alteram partem rule applies to suspension cases, and the respondents failed to comply with this rule by suspending the applicants without a hearing. The matter was urgent, and condonation of non-compliance with the rules was justified. The relief sought was a final...
Court Disposition
Application for leave to appeal dismissed; costs awarded against respondents; Mr Mweli’s application for compliance and contempt struck off the roll with no order as to costs.
Orders
- The application for leave to appeal to the Labour Appeal Court is dismissed.
- The respondents are to pay the costs of the application for leave to appeal, the one paying the other to be absolved.
Full Case Text
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