Cross Border Supply Chain Solution (Pty) Ltd v Jordaan (JR 1465/11) [2012] ZALCJHB 95 (17 February 2012)

Cross Border Supply Chain Solution (Pty) Ltd v Jordaan (JR 1465/11) [2012] ZALCJHB 95 (17 February 2012)

The Court found that the default arbitration award was not properly served on the applicant, as the fax number used did not correspond to any number provided by the employer in the referral or attendance documents. The applicant and Express Cargo had a close operational relationship, and the sale of business amounted to a transfer as a going concern under section 197 of the Labour Relations Act, which would ordinarily result in the transfer of employees. However, the lack of proper service of the award was decisive. The Court held that, in the absence of evidence that the award was properly served on the applicant, the writ of execution must be rescinded. The application was unopposed,...

Citation
[2012] ZALCJHB 95
Parties
Applicant: Cross Border Supply Chain Solutions (Pty) Ltd; Respondent: Charmain Jordaan
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 February 2012
Case Number
JR 1465/11
Procedural Posture
Review Application / Application for Rescission of Writ of Execution
Outcome
Application for rescission of writ of execution granted.
Judges
Boqwana
Legal Topics
Section 197 Transfer, Writ of Execution, Default Award, Service of Process
Labour Law Civil Procedure Section 197 Transfer Writ of Execution Default Award Service of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Cross Border Supply Chain Solutions (Pty) Ltd

Applicant

Charmain Jordaan

Respondent

Procedural Posture

Review Application / Application for Rescission of Writ of Execution

Legal Issues

  1. 1 Whether the writ of execution issued against the applicant should be rescinded due to improper service of the default arbitration award.
  2. 2 Whether the applicant was properly cited as a debtor in respect of the default award issued against Express Cargo.
  3. 3 Whether the sale of business constituted a transfer as a going concern under section 197 of the Labour Relations Act.

Ratio Decidendi

The Court found that the default arbitration award was not properly served on the applicant, as the fax number used did not correspond to any number provided by the employer in the referral or attendance documents. The applicant and Express Cargo had a close operational relationship, and the sale of business amounted to a transfer as a going concern under section 197 of the Labour Relations Act, which would ordinarily result in the transfer of employees. However, the lack of proper service of the award was decisive. The Court held that, in the absence of evidence that the award was properly served on the applicant, the writ of execution must be rescinded. The application was unopposed,...

Court Disposition

Application for rescission of writ of execution granted.

Orders

  • The writ of execution issued on 12 April 2011 under case number GPRFBC12598 is rescinded.
  • There is no order as to costs.