The urgent Labour Court application by former Eskom CEO Brian Molefe did not go ahead on Monday.
Molefe wanted the court to declare that his dismissal as Eskom CEO was unlawful. On Friday‚ the board of Eskom rescinded Molefe's appointment.
The registrar of the court said on Monday afternoon the hearing was not arranged with the court.
It appeared that the respondents in the matter‚ Eskom and the Minister of Public Enterprises‚ had not filed their responses to the urgent application.
In his court papers‚ Molefe said his application was urgent as he needed his job back to fight the Democratic Alliance’s high court application on Tuesday challenging his reinstatement.
Molefe said the board’s decision taken last Friday brought his summary dismissal from the employ of Eskom.
He said that decision was unlawful in a number of respects.
“Firstly‚ the board has no power to remove me from the position of Group Executive. This power is exclusively entrusted to the minister.”
He said the board acted in breach of his contract of employment in that it purported to dismiss him in circumstances where it did not have the power to do so.
Molefe said his dismissal was not effected because of reasons that related to his conduct‚ capacity or operational requirements.
He said Eskom could not point at grounds upon which his dismissal could be said to have been effected in a manner which was substantially fair.
“In addition‚ no fair procedure was followed before effecting my dismissal. This was plainly in breach of my employment contract.”
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