South African Municipal Workers' Union and Others v Rand West City Local Municipality and Another (J2310/19) [2019] ZALCJHB 359 (5 December 2019)

South African Municipal Workers' Union and Others v Rand West City Local Municipality and Another (J2310/19) [2019] ZALCJHB 359 (5 December 2019)

The court found that the applicants failed to establish urgency as required by Rule 8 of the Labour Court Rules. There was an inordinate and unexplained delay of several weeks between the deductions and the institution of proceedings, which constituted self-created urgency. The applicants did not demonstrate...

Source-derived case information.

Citation
[2019] ZALCJHB 359
Parties
Applicant: South African Municipal Workers' Union; Applicant: Employees of the respondent who are members of the applicant; Respondent: Rand West City Local Municipality; Respondent: Themba Goba
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2019
Case Number
J2310/19
Procedural Posture
Urgent Application / Application to Strike Matter From the Roll for Lack of Urgency
Outcome
Application struck from the roll for want of urgency; no order as to costs.
Judges
S Snyman
Legal Topics
Urgent Application Requirements, No Work No Pay, Salary Deductions, Basic Conditions of Employment Act, Unprotected Strike Action
Labour Law Civil Procedure Urgent Application Requirements No Work No Pay Salary Deductions Basic Conditions of Employment Act Unprotected Strike Action

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Summary, issues, holding and outcome

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Parties

South African Municipal Workers' Union

Applicant

Employees of the respondent who are members of the applicant

Applicant

Rand West City Local Municipality

Respondent

Themba Goba

Respondent

Procedural Posture

Urgent Application / Application to Strike Matter From the Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the application brought by the applicants is urgent and should be heard as such.
  2. 2 Whether the deductions from the applicants' salaries by the Municipality were unlawful under section 34 of the BCEA.
  3. 3 Whether financial hardship constitutes exceptional circumstances justifying urgent relief.

Ratio Decidendi

The court found that the applicants failed to establish urgency as required by Rule 8 of the Labour Court Rules. There was an inordinate and unexplained delay of several weeks between the deductions and the institution of proceedings, which constituted self-created urgency. The applicants did not demonstrate exceptional circumstances or undue financial hardship that would justify urgent intervention. The relief sought had become moot because the deductions had already occurred and no further deductions were planned. The applicants could obtain full redress in the ordinary course through a monetary claim for the deductions. Accordingly, the application was struck from the roll for want of...

Court Disposition

Application struck from the roll for want of urgency; no order as to costs.

Orders

  • The application is struck from the roll for the want of urgency.
  • There is no order as to costs.