Van der Garde forcing Sauber to give him 2015 seat

Giedo van der Garde

(GMM) Giedo van der Garde has commenced legal action in Australia as he bids to force Sauber to let him race next weekend.

The Dutchman spent 2014 as the Swiss team's reserve, but when Felipe Nasr and Marcus Ericsson were named as the race drivers for 2015, van der Garde claimed he had been promised a seat.

Australian media News Limited revealed on Thursday that van der Garde has filed an urgent case in the state Victorian supreme court claiming unfair dismissal.

The report said Switzerland's Arbitration Institution has already ruled that Sauber must give a 2015 race seat to van der Garde, 29.

"The respondent (Sauber) was ordered to refrain from taking any action the effect of which would be to deprive Mr. van der Garde of his entitlement to participate in the 2015 formula one Season as one of Sauber's two nominated race drivers," the court documents read.

The action is seeking a hearing on Monday, giving van der Garde time to take his place at Sauber ahead of the weekend's Australian grand prix.