Carton-Barber and Others v Ekurhuleni Metropolitan Municipality (J421/07) [2009] ZALC 127 (22 December 2009)

Carton-Barber and Others v Ekurhuleni Metropolitan Municipality (J421/07) [2009] ZALC 127 (22 December 2009)

The application fails primarily due to non-joinder, as Benoni Fire and Emergency Services had a material interest in the proceedings and was not joined. Additionally, the applicants were not parties to the previous proceedings that resulted in the declaratory order and cannot rely on that judgment to claim relief. The applicants have not made out a case to support the relief sought in their notice of motion. Costs follow the result.

Citation
[2009] ZALC 127
Parties
Applicant: Stephen John Carton-Barber; Applicant: Sharon Elizabeth Dennis; Applicant: Theophilus Frank Hurford; Applicant: John Ronald Henry Dungey; Applicant: Johan Von Weidts; Respondent: Ekurhuleni Metropolitan Municipality
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 December 2009
Case Number
J421/07
Procedural Posture
Urgent Application / Application to Declare Employment Status and Order Retrospective Employment and Remuneration.
Outcome
Application struck off the roll with costs.
Judges
Molahlehi
Legal Topics
Section 197 Transfer, Non Joinder, Declaratory Relief, Employment Status
Labour Law Civil Procedure Section 197 Transfer Non Joinder Declaratory Relief Employment Status

Case Brief

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Parties

Stephen John Carton-Barber

Applicant

Sharon Elizabeth Dennis

Applicant

Theophilus Frank Hurford

Applicant

John Ronald Henry Dungey

Applicant

Johan Von Weidts

Applicant

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Application to Declare Employment Status and Order Retrospective Employment and Remuneration.

Legal Issues

  1. 1 Whether the applicants are employees of the respondent by virtue of a transfer as a going concern under section 197 of the LRA.
  2. 2 Whether the applicants are entitled to retrospective employment and arrear remuneration from the respondent.
  3. 3 Whether the application fails due to non-joinder of Benoni Fire and Emergency Services.

Ratio Decidendi

The application fails primarily due to non-joinder, as Benoni Fire and Emergency Services had a material interest in the proceedings and was not joined. Additionally, the applicants were not parties to the previous proceedings that resulted in the declaratory order and cannot rely on that judgment to claim relief. The applicants have not made out a case to support the relief sought in their notice of motion. Costs follow the result.

Court Disposition

Application struck off the roll with costs.

Orders

  • The applicants' application is struck off the roll with costs.