NEHAWU obo Adekoya v Central University of Technology: Free State

• Jurisdiction: South Africa
• Judge: Hancke J
• Judgment Date: 19 June 2008
• Docket Number: A 1671/08
• Hearing Date: 12 June 2008
• Court: Orange Free State Provincial Division

Hancke J:

[1]

The applicant, the National Education Health and Allied Workers Union, applies for an order on behalf of Mr. Ayodele Adelaja Adekoya in, the following terms:

"1.

That the 1st Respondent be ordered to reinstate Ayodele Adelaja Adekoya to his post as a lecturer with immediate effect and with full benefits.

2008 JDR 1063 p2

Hancke J

2.

That the 1st Respondent be ordered to pay damages including emoluments to Ayodele Adelaja Adekoya.

3.

That the 1st Respondent pay the costs of the application."

[2]

Respondents resist the application on the following grounds:

2.1.

The applicant lacks locus standi to act on behalf of Mr. Adekoya in these proceedings.

2.2

The High Court does not have jurisdiction to entertain these proceedings.

2.3

Even if the High Court had the necessary jurisdiction to entertain the proceedings, the cause of action framed by the applicant, is essentially one of an unfair dismissal which would resort under dispute resolution procedures in terms of the Labour Relations Act, 66 of 1995 (as amended).

2.4

A claim for damages by way of motion procedure is not permissible in law.

[3]

As far as locus standi is concerned, Mr. Motloung, counsel for the applicant, submitted that it has jurisdiction to institute the present proceedings in view of the wording of section 200(1) of the Labour Relations Act, which reads as follows:

2008 JDR 1063 p3

Hancke J

"200

Representation of employees or employers

(1)

A registered trade union or registered employers' organisation may act in any one or more of the following capacities in any dispute to which any of its members is a party-

(a)

in its own interest;

(b)

on behalf of any of its members;

(c)

in the interest of any of its members."

[3]

The cases on which Mr. Motloung relied for his submission that the applicant has locus standi exclusively deal with dispute resolutions in the Labour Court. MZEKU & OTHERS v VOLKSWAGEN SA (PTY) LTD & OTHERS [2001] BLLR 857 (LAC); NUM v HERNIE EXPLORATION (PTY) LTD [2003] 4 319 (LAC) at 331H — 332C. As will be seen infra (par. [5] — [7]) different statutory provisions are applicable in the Labour Court.

[4]

It is also necessary to have regard to section 161 of the Labour Relations Act which deals with representation before the Labour Court and which reads as follows:

"161 Representation before Labour Court

2008 JDR 1063 p4

Hancke J

In any proceedings...