Mthembu v Mpumalanga Economic Growth Agency (J991/15) [2015] ZALCJHB 184 (17 June 2015) per Tlhotlhalemaje AJ
The applicant succeeded in getting an order that her contract of employment, concluded in December 2013, still existed despite the employer purporting to rescind it. After a special audit the employer informed the applicant that her appointment was irregular, flawed, invalid, and should be rescinded. After having been invited to provide reasons as to why the employment agreement should not be rescinded the contract was in fact rescinded. After referring to earlier judgments the Labour Court decided that no hard and fast rule existed about refusing urgent relief in such circumstances.
[18] It is accepted that the loss of income and financial hardship are natural consequences of a termination of any contract of employment. After all, an employee enters into an employment relationship in return for or expectation of remuneration. It is further accepted that it would be untenable for this court to willy-nilly accept a loss of income or financial hardship as a basis for granting urgency in every given circumstances, as all employees dismissed for whatever reason can then jump the proverbial litigation queue and run to court on an urgent basis.