South African Municipal Workers Union v Amathole District Municipality (P272/18) [2018] ZALCPE 18; 2018] 12 BLLR 1224 (LC) (17 July 2018)

South African Municipal Workers Union v Amathole District Municipality (P272/18) [2018] ZALCPE 18; 2018] 12 BLLR 1224 (LC) (17 July 2018)

The court found that the applicant union was aware of the municipality's intention to adopt a new organogram as early as April 2018 and declared a dispute on the issue in early June 2018. Despite this, the union did not act promptly to seek interim relief, nor did it request the municipality to halt the process after declaring the dispute. The delay in launching the application undermined the claim of urgency. The court held that the application was not brought with sufficient urgency and therefore struck it off the roll.

Citation
[2018] ZALCPE 18
Parties
Applicant: South African Municipal Workers Union; Respondent: Amathole District Municipality
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 July 2018
Case Number
P272/18
Procedural Posture
Urgent Application / Interim Interdict (struck Off for Lack of Urgency)
Outcome
Application struck off the roll for lack of urgency.
Judges
Lagrange
Legal Topics
Urgent Interdict, Consultation Requirements, Audi Alteram Partem, Municipal Restructuring
Labour Law Civil Procedure Urgent Interdict Consultation Requirements Audi Alteram Partem Municipal Restructuring

Case Brief

Summary, issues, holding and outcome

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Parties

South African Municipal Workers Union

Applicant

Amathole District Municipality

Respondent

Procedural Posture

Urgent Application / Interim Interdict (struck Off for Lack of Urgency)

Legal Issues

  1. 1 Whether the application for urgent interim relief to halt the implementation of the new organogram is sufficiently urgent to warrant consideration.
  2. 2 Whether the municipality failed to consult adequately with the union prior to adopting the new organogram.
  3. 3 Whether the principle of audi alteram partem was breached in the adoption of the organogram.

Ratio Decidendi

The court found that the applicant union was aware of the municipality's intention to adopt a new organogram as early as April 2018 and declared a dispute on the issue in early June 2018. Despite this, the union did not act promptly to seek interim relief, nor did it request the municipality to halt the process after declaring the dispute. The delay in launching the application undermined the claim of urgency. The court held that the application was not brought with sufficient urgency and therefore struck it off the roll.

Court Disposition

Application struck off the roll for lack of urgency.

Orders

  • The application is struck off the roll for lack of urgency.
  • No order is made as to costs.