Blennis v Makole and Others (JR825/21) [2022] ZALCJHB 210 (3 August 2022)

Blennis v Makole and Others (JR825/21) [2022] ZALCJHB 210 (3 August 2022)

The Labour Court does not have jurisdiction to review and set aside a settlement agreement concluded under the auspices of the CCMA unless the agreement has been made an arbitration award in terms of section 142A of the Labour Relations Act. The applicant was represented by union officials during the settlement discussions and accepted the payment under the agreement. There is no evidence supporting the claim of duress. The application is therefore dismissed for lack of jurisdiction and merit.

Citation
[2022] ZALCJHB 210
Parties
Applicant: Bogosi Bryson Blennis; Respondent: Mokgosi Jacob Makole; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sedibeng Water Board
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 August 2022
Case Number
JR825/21
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed for lack of jurisdiction and merit.
Judges
G Mthalane
Legal Topics
Settlement Agreement, Jurisdiction, Review of Ccma Settlement, Duress, Section 142a Lra
Labour Law Civil Procedure Settlement Agreement Jurisdiction Review of Ccma Settlement Duress Section 142a Lra

Case Brief

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Parties

Bogosi Bryson Blennis

Applicant

Mokgosi Jacob Makole

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Sedibeng Water Board

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to review and set aside a settlement agreement not made an arbitration award under section 142A of the LRA.
  2. 2 Whether the applicant was induced by duress to sign the settlement agreement.

Ratio Decidendi

The Labour Court does not have jurisdiction to review and set aside a settlement agreement concluded under the auspices of the CCMA unless the agreement has been made an arbitration award in terms of section 142A of the Labour Relations Act. The applicant was represented by union officials during the settlement discussions and accepted the payment under the agreement. There is no evidence supporting the claim of duress. The application is therefore dismissed for lack of jurisdiction and merit.

Court Disposition

Application dismissed for lack of jurisdiction and merit.

Orders

  • The application to review and set aside the settlement agreement concluded on 26 March 2019 between the applicant and the third respondent is dismissed.
  • There is no order as to costs.