Brynard v Mogwele Waste (Pty) Ltd (C415/2014) [2015] ZALCCT 49 (24 July 2015) per Steenkamp J.

In the Labour Court the applicant claimed to have been dismissed for an unfair reason based on operational requirements, whereas the employer alleged a mutual separation. The employer counter-claimed for damages exceeding R4m.  The applicant subpoened a director of the employer to produce financial statements at the trial.  The employer’s urgent application to set aside the subpoena was refused as it was not an abuse of process.

Note: Overturned on appeal to LAC but effectively reinstated by LAC in 2020.