Labour Law — Unfair dismissal — Review of arbitration award — Applicant dismissed for alleged misconduct related to financial transactions — Disciplinary hearing initially finding Applicant not guilty, later changed to guilty under management pressure — Court finding no evidence of complicity in fraud but failure to exercise due diligence in verifying source of funds — Dismissal upheld as fair due to breach of bank policies and loss of trust.
Divorce — Rule nisi — Anticipation of return day — First Respondent seeking to anticipate return day of rule nisi interdicting asset dissipation pending divorce proceedings — Application removed from roll due to failure to serve all affected parties — Audi alteram partem principle requiring all parties to be heard before final relief granted — Rule nisi remains in force pending proper return date.
Delict — Road Accident Fund — Loss of earnings — Applicant claiming loss of earnings due to injuries sustained in a motor vehicle accident — Court finding no established proof of a connection between the injury and the claimed loss of earnings — Application for leave to appeal dismissed as no misdirection found in the original judgment.
Labour Law — Disciplinary proceedings — Urgent interdict — Applicants seeking to halt disciplinary enquiries pending review of CCMA ruling — Court finding lack of urgency in application — Costs awarded on attorney own client scale — Applicants failed to establish that the disclosure was communicated to the municipality, thus the requirements for a protected disclosure were not met.
Labour Law — Condonation — Late delivery of statement of response — Respondent seeking condonation for failure to deliver statement of response to applicant's claim — Court finding that the notice of bar was not recognized under applicable rules — No good cause shown for the delay in delivering the response — Application for condonation dismissed with costs.
Urgent Applications — Urgency — Requirement for establishing urgency in urgent motion proceedings — Applicant seeking mandatory relief for reinstatement of trading account — Court finding applicant failed to demonstrate urgency or that substantial redress would not be available in due course — Application struck from the roll with costs.
Leave to appeal — Application for leave to appeal against summary judgment — Respondents failing to demonstrate reasonable prospect of success on appeal — Court finding no compelling reasons to grant leave — Application for leave to appeal dismissed with costs.
Contempt of Court — Urgent application — Applicant seeking to declare respondents in contempt of prior court order — Respondents alleged to have failed to provide necessary documents for audit — Court finding that applicant did not specify which parts of the order were not complied with — No evidence of irreparable harm demonstrated — Application struck off the roll for lack of urgency.
Tax Law — Suspension of payment — Application for urgent interim relief to restrain SARS from enforcing payment of assessed tax debt pending review of refusal to suspend payment — SARS withdrew its refusal before adjudication — Legal issue of whether respondent's conduct warranted punitive costs — Court held that while the applicant was justified in seeking urgent relief, the respondent's conduct did not justify a punitive costs order, and costs awarded on a party and party scale.