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[2015] ZALCJHB 445
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Workers Consultative Forum (WECOFO) v Badenhorst and Another (J349/15) [2015] ZALCJHB 445 (25 February 2015)
IN THE
LABOUR COURT OF SOUTH AFRICA
HELD AT
BRAAMFONTEIN
CASE
NO
: J349/15
DATE
:
2015-02-25
In the matter
between
WORKERS
CONSULTATIVE FORUM
(WECOFO)
Applicant
and
HENDRIK
BADENHORST
1
st
Respondent
HB MANAGEMENT
SERVICES
2
nd
Respondent
JUDGMENT
STEENKAMP
J
:
This
application is brought to court purportedly by the Workers
Consultative Forum or WOCOFO on an urgent basis. The application
was
only delivered on the 20
th
of February, that is on Friday, to be heard today; Tuesday, the 25
th
of February 2011.
The
deponent to the founding affidavit who appeared in court today, Mr
Lesiba David Masalesa, purports to be a union official. Nowhere
in
the founding papers does he set out on what basis he is purporting to
act on behalf of the union. Mr
Crause
,
for the respondents, pointed out that the union has been registered
since the 11
th
of March 2013 and that its general secretary is not Mr Masalesa but
indeed the first respondent, Mr Hendrik Badenhorst, according
to the
registration documents.
However,
as long as six weeks ago, the 12
th
of January 2015, the union purportedly dismissed Mr Badenhorst. In
his notice of motion the union asks this court to order Badenhorst
and an entity called HB Management Services ‘to forthwith
comply with the dismissal of the first respondent handed down on
12
January 2015.’ It is not clear to the court on what basis it
has jurisdiction to make such an order. Be that as it may,
despite
the apparent difficulties with
locus
standi
and jurisdiction that the
applicant faces, the first preliminary point raised by Mr
Crause
is that of urgency.
Badenhorst
was purportedly dismissed on the 12
th
of January 2015. The applicant only brought this application,
whatever its merits, on the 25
th
of February 2015, some six weeks later. It did so on two working
days’ notice. It has not set out any proper grounds for
urgency
and it has not explained in its founding affidavit why it cannot
pursue the alternative remedies to its disposal, both
in terms of its
own constitution and in regard to the powers of the Department of
Labour. The application was ill-conceived. It
is struck from the roll
for lack of urgency. The applicant is ordered to pay the respondent’s
costs.
- - - - - - -
- - - - - - -
For
Applicant
:
Mr
L B Masalesa
For
Respondent
:
Adv J Crause, instructed by Malan Hitge.
Date
of Hearing
:
2015-02-25
Date
of Judgment
:
2015-02-25
- - - -
- - - - - - - - - -
IAFRICA
TRANSCRIPTIONS (PTY) LTD
ARBOUR HOUSE
CNR MELLE & JUTA
STREET, 6TH FLOOR
BRAAMFONTEIN, 2001
TEL/FAX:
(011)339-4362