Bramley v John Wilde t/a Ellis Alan Engineering and Another (J4611/00) [2002] ZALC 192; (2003) 24 ILJ 157 (LC); [2003] 4 BLLR 360 (LC) (28 November 2002)

Bramley v John Wilde t/a Ellis Alan Engineering and Another (J4611/00) [2002] ZALC 192; (2003) 24 ILJ 157 (LC); [2003] 4 BLLR 360 (LC) (28 November 2002)

The Labour Court held that section 158(1)(c) of the Labour Relations Act, as it stood prior to amendment, empowered the Court to make a settlement agreement an order of court if the agreement resolved a dispute justiciable under the Act, irrespective of whether the dispute resolution mechanisms had been invoked. The Court rejected the respondent's argument that only settlements arising from disputes referred under the Act qualify, finding no rational basis or legislative intent for such a distinction. The subsequent amendment and introduction of section 158(1A) did not alter this position, as the right to refer a dispute is not limited to immediate exercise but includes future entitlement...

Citation
[2002] ZALC 192
Parties
Applicant: David Bramley; Respondent: John Wilde t/a Ellis Alan Engineering; Respondent: General Employers and Management Association
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 November 2002
Case Number
J4611/00
Procedural Posture
Urgent Application / Application to Make Settlement Agreement an Order of Court Under Section 158(1)(c) of the Labour Relations Act
Outcome
Application granted. The written settlement agreement is made an order of court. Costs awarded against the first respondent.
Judges
Farber
Legal Topics
Settlement Agreement, Section 158 1 C, Dismissal for Operational Requirements, Jurisdiction of Labour Court
Labour Law Settlement Agreement Section 158 1 C Dismissal for Operational Requirements Jurisdiction of Labour Court

Case Brief

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Parties

David Bramley

Applicant

John Wilde t/a Ellis Alan Engineering

Respondent

General Employers and Management Association

Respondent

Procedural Posture

Urgent Application / Application to Make Settlement Agreement an Order of Court Under Section 158(1)(c) of the Labour Relations Act

Legal Issues

  1. 1 Whether the written agreement between the applicant and first respondent constitutes a 'settlement agreement' within the meaning of section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the Labour Court has the power to make the agreement an order of court despite the dispute not having been referred for resolution under the Act.
  3. 3 Whether the amendments to section 158(1)(c) and the introduction of section 158(1A) affect the applicant's entitlement to relief.

Ratio Decidendi

The Labour Court held that section 158(1)(c) of the Labour Relations Act, as it stood prior to amendment, empowered the Court to make a settlement agreement an order of court if the agreement resolved a dispute justiciable under the Act, irrespective of whether the dispute resolution mechanisms had been invoked. The Court rejected the respondent's argument that only settlements arising from disputes referred under the Act qualify, finding no rational basis or legislative intent for such a distinction. The subsequent amendment and introduction of section 158(1A) did not alter this position, as the right to refer a dispute is not limited to immediate exercise but includes future entitlement...

Court Disposition

Application granted. The written settlement agreement is made an order of court. Costs awarded against the first respondent.

Orders

  • The written agreement referred to in prayer 1 of the applicant's notice of motion of 4 October 2000 is made an order of court.
  • The costs of the application are to be paid by the first respondent.