Sneller Verbatim/MS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J4701/02
2002-12-06
In the matter between
1st Applicant
PERSONS LISTED IN ANNEXURE “PPK A” 2nd To Further
Applicant
s
and
MEC FOR EDUCATION ARTS, SPORTS AND
CULTURE LOMPOPO PROVINCE 1st Respondent
REGIONAL SENIOR MANAGER (SOUTHERN
REGION) DEPARTMENT OF EDUCATION,
ARTS, SPORTS AND CULTURE LIMPOPO
2nd Respondent
3rd Respondent
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J U D G M E N T
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REVELAS, J:
1. This is an urgent application. The applicants are
staff of the Mohlarutse Secondary School who are all
employed by the first respondent as teachers. The
applicants have approached this court on an urgent
basis, to obtain an interdict, to restrain the first
respondent from deducting certain remuneration from the
applicants.
2. On the applicants' version, the first respondent has
deducted money from the applicants for unpaid leave on
five days, without justification. The last of the
alleged deductions were made in September of this year.
It is now three months later. The applicants further
states that there might be further deductions in
future. It is not apparent from the papers that there
is any real danger of this occurring.
3. In my view, this matter is not urgent and the
applicants' have an alternative remedy, namely to refer
a dispute about the alleged unfair deductions to the
Commission for Conciliation Mediation and Arbitration.
The application before me has no merits insofar as the
urgency thereof is concerned.
4. I have been urged, on behalf of the respondent, to make
a cost order in this matter. I decline to make a cost
order today, since I believe that a cost order against
the applicants would not be beneficial, when the
parties attempt to resolve this dispute at the CCMA.
5. Consequently I make the following order.
1. The application is dismissed.
2. The costs of the application is to be determined on a
future date after the dispute had been finalised at the
Commission for Conciliation Mediation and Arbitration.
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E. Revelas