De Lucia v Bester and Another (JS947/13) [2017] ZALCJHB 278 (1 August 2017)

De Lucia v Bester and Another (JS947/13) [2017] ZALCJHB 278 (1 August 2017)

The court found that Kat De Beer Training (Pty) Ltd does not have a direct or substantial legal interest in the subject matter of the proceedings, as Bester had withdrawn his claim against it and seeks no relief from KDBT. Any potential joint and several liability under section 197 of the Labour Relations Act would only arise if Bester was dismissed for operational requirements, which is not the pleaded case. Financial interests or the avoidance of future litigation do not constitute a sufficient basis for joinder. The court held that joining KDBT would unnecessarily burden it with costs and would not serve the interests of justice. The application for joinder was therefore dismissed, and...

Citation
[2017] ZALCJHB 278
Parties
Applicant: Neville De Lucia; Respondent: Etienne Bester; Respondent: Kat De Beer Training (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2017
Case Number
JS947/13
Procedural Posture
Interlocutory Application / Application for Joinder of Second Respondent to Trial Proceedings
Outcome
Application for joinder of the second respondent is dismissed.
Judges
E Tlhotlhalemaje
Legal Topics
Joinder of Parties, Automatically Unfair Dismissal, Transfer of Business as Going Concern, Section 197 Lra, Section 187 Lra
Labour Law Civil Procedure Joinder of Parties Automatically Unfair Dismissal Transfer of Business as Going Concern Section 197 Lra Section 187 Lra

Case Brief

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Parties

Neville De Lucia

Applicant

Etienne Bester

Respondent

Kat De Beer Training (Pty) Ltd

Respondent

Procedural Posture

Interlocutory Application / Application for Joinder of Second Respondent to Trial Proceedings

Legal Issues

  1. 1 Whether Kat De Beer Training (Pty) Ltd should be joined as a party to the main proceedings.
  2. 2 Whether Kat De Beer Training (Pty) Ltd has a direct and substantial legal interest in the subject matter of the proceedings.
  3. 3 Whether the requirements for joinder under Rule 22(1) and common law are satisfied in this case.

Ratio Decidendi

The court found that Kat De Beer Training (Pty) Ltd does not have a direct or substantial legal interest in the subject matter of the proceedings, as Bester had withdrawn his claim against it and seeks no relief from KDBT. Any potential joint and several liability under section 197 of the Labour Relations Act would only arise if Bester was dismissed for operational requirements, which is not the pleaded case. Financial interests or the avoidance of future litigation do not constitute a sufficient basis for joinder. The court held that joining KDBT would unnecessarily burden it with costs and would not serve the interests of justice. The application for joinder was therefore dismissed, and...

Court Disposition

Application for joinder of the second respondent is dismissed.

Orders

  • The application to join the Second Respondent is dismissed.
  • The Applicant, Neville De Lucia, is ordered to pay to the Second Respondent, the costs of this application.