Masalesa v Khuphulanani Training Institute (J2594/15) [2016] ZALCJHB 41 (12 January 2016) per Steenkamp J.

The applicant applied to the Labour Court on an extremely urgent basis during the recess to enforce a purported claim for one month’s salary.  But it was clear from the opposing affidavits that he was only an independent labour consultant and not an employee.  His claim was dismissed and he was ordered to pay the costs of his fruitless application. Steenkamp J quoted with approval what was reported in In Re Several matters on the urgent court roll (2013) 1 SA 549; [2012] 4 All SA 570 (GSJ) at paragraph [17]:

“An abuse of the process has developed – in all likelihood in the hope that the respondent will not be able to file opposing affidavits in time – in order to steal a march upon such respondent…”