Albert Faure and Others v Burnet Robert Marais (C45/99) [1999] ZALC 44 (23 March 1999)

Albert Faure and Others v Burnet Robert Marais (C45/99) [1999] ZALC 44 (23 March 1999)

The Labour Court does not have jurisdiction to make a settlement agreement an order of court where the agreement includes an undertaking to vacate property protected by ESTA, as this would amount to an eviction order. ESTA expressly restricts eviction jurisdiction to the Land Claims Court, Magistrate's Court, or High Court with consent. The applicants are entitled to a declaratory order confirming the existence of the settlement agreement and the respondent's dismissal in accordance with the LRA, as this is necessary to initiate eviction proceedings under ESTA. However, the Labour Court cannot grant an eviction order or enforce the agreement as such. The applicants are liable for the...

Citation
[1999] ZALC 44
Parties
Applicant: Albert Faure t/a Faure Bros.; Applicant: Johann Faure t/a Faure Bros.; Applicant: Noel Faure t/a Faure Bros.; Respondent: Burnett Robert Marais
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 March 1999
Case Number
C45/99
Procedural Posture
Urgent Application / Application for Settlement Agreement to Be Made an Order of Court; Alternative Request for Declaratory Relief
Outcome
Application to make the settlement agreement an order of the Labour Court is refused; declaratory relief granted confirming the existence of the settlement agreement and dismissal; costs awarded against the applicants.
Judges
Benjamin
Legal Topics
Settlement Agreement, Eviction, Extension of Security of Tenure Act, Jurisdiction, Termination of Employment
Labour Law Land and Property Settlement Agreement Eviction Extension of Security of Tenure Act Jurisdiction Termination of Employment

Case Brief

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Parties

Albert Faure t/a Faure Bros.

Applicant

Johann Faure t/a Faure Bros.

Applicant

Noel Faure t/a Faure Bros.

Applicant

Burnett Robert Marais

Respondent

Procedural Posture

Urgent Application / Application for Settlement Agreement to Be Made an Order of Court; Alternative Request for Declaratory Relief

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to make a CCMA settlement agreement an order of court where the agreement includes an undertaking to vacate property.
  2. 2 Whether the relief sought amounts to an eviction order prohibited by ESTA.
  3. 3 Whether declaratory relief confirming the respondent's dismissal in accordance with the LRA should be granted.

Ratio Decidendi

The Labour Court does not have jurisdiction to make a settlement agreement an order of court where the agreement includes an undertaking to vacate property protected by ESTA, as this would amount to an eviction order. ESTA expressly restricts eviction jurisdiction to the Land Claims Court, Magistrate's Court, or High Court with consent. The applicants are entitled to a declaratory order confirming the existence of the settlement agreement and the respondent's dismissal in accordance with the LRA, as this is necessary to initiate eviction proceedings under ESTA. However, the Labour Court cannot grant an eviction order or enforce the agreement as such. The applicants are liable for the...

Court Disposition

Application to make the settlement agreement an order of the Labour Court is refused; declaratory relief granted confirming the existence of the settlement agreement and dismissal; costs awarded against the applicants.

Orders

  • It is declared that the respondent undertook in a settlement agreement dated 8 December 1998, concluded under the auspices of the CCMA, to vacate the house he occupied on the applicants' farm by 17 January 1999.
  • The Labour Court has no jurisdiction to make the agreement of settlement an order of this Court.