Volschenk and Another v Morero and Others (J2247/2010) [2010] ZALCJHB 373 (10 November 2010)

Volschenk and Another v Morero and Others (J2247/2010) [2010] ZALCJHB 373 (10 November 2010)

The court found that the applicants failed to establish a prima facie right to legal representation in the disciplinary enquiry. The disciplinary code permitted union representation, which was broader than statutory minimums, and the applicants did not provide objective reasons for rejecting union assistance. The complexity of the matter, the amount involved, and the possibility of expert evidence did not justify legal representation at this stage. The prejudice to the employer from delaying the enquiry outweighed any potential harm to the applicants. The application for interim relief was refused as the applicants had not demonstrated sufficient grounds for court intervention.

Citation
[2010] ZALCJHB 373
Parties
Applicant: Volschenk, B; Applicant: Van der Westhuizen, E. F; Respondent: Morero, Sello Dada N.O.; Respondent: The City of Johannesburg; Respondent: City Power Johannesburg (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 November 2010
Case Number
J2247/2010
Procedural Posture
Urgent Application / Application for Interim Interdict to Stay Disciplinary Proceedings Pending Review
Outcome
Application for interim relief refused.
Judges
Lagrange
Legal Topics
Legal Representation in Disciplinary Enquiry, Interim Relief, Parity of Arms, Prima Facie Right, Irreparable Harm
Labour Law Administrative Law Legal Representation in Disciplinary Enquiry Interim Relief Parity of Arms Prima Facie Right Irreparable Harm

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Parties

Volschenk, B

Applicant

Van der Westhuizen, E. F

Applicant

Morero, Sello Dada N.O.

Respondent

The City of Johannesburg

Respondent

City Power Johannesburg (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict to Stay Disciplinary Proceedings Pending Review

Legal Issues

  1. 1 Whether the applicants are entitled to legal representation in the disciplinary enquiry.
  2. 2 Whether the chairperson exercised his discretion properly in refusing legal representation.
  3. 3 Whether interim relief suspending the enquiry pending review is justified.

Ratio Decidendi

The court found that the applicants failed to establish a prima facie right to legal representation in the disciplinary enquiry. The disciplinary code permitted union representation, which was broader than statutory minimums, and the applicants did not provide objective reasons for rejecting union assistance. The complexity of the matter, the amount involved, and the possibility of expert evidence did not justify legal representation at this stage. The prejudice to the employer from delaying the enquiry outweighed any potential harm to the applicants. The application for interim relief was refused as the applicants had not demonstrated sufficient grounds for court intervention.

Court Disposition

Application for interim relief refused.

Orders

  • The application for interim relief suspending the enquiry pending the outcome of a review of the chairperson's ruling refusing legal representation is refused.
  • No order as to costs.