Du Preez v L.S. Pressings CC and Another (J861/11) [2012] ZALCJHB 74; (2013) 34 ILJ 634 (LC) (26 July 2012)

Du Preez v L.S. Pressings CC and Another (J861/11) [2012] ZALCJHB 74; (2013) 34 ILJ 634 (LC) (26 July 2012)

The application for joinder fails because there are no live proceedings before the Labour Court to which the second respondent can be joined. The applicant holds a certified CCMA arbitration award, which is enforceable as if it were an order of the Labour Court, but does not itself constitute proceedings before the Labour Court. The commissioner is functus officio, and joinder is not permissible after the completion of proceedings. The authorities cited confirm that joinder must occur before judgment is passed and in the context of live litigation. Any future enforcement proceedings under section 197 of the LRA may be the appropriate time to join the second respondent.

Citation
[2012] ZALCJHB 74
Parties
Applicant: Johannes Lodewikus Du Preez; Respondent: L.S. Pressings CC; Respondent: Dartingo Trading 212 (Pty) Ltd t/a Dartingo Pressings
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 July 2012
Case Number
J861/11
Procedural Posture
Joinder Application / Application for Joinder of Second Respondent to Labour Court Proceedings
Outcome
Application for joinder of the second respondent is dismissed.
Judges
Dodson
Legal Topics
Joinder of Parties, Transfer of Business as Going Concern, Section 197 Lra, Enforcement of Arbitration Award
Labour Law Civil Procedure Joinder of Parties Transfer of Business as Going Concern Section 197 Lra Enforcement of Arbitration Award

Case Brief

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Parties

Johannes Lodewikus Du Preez

Applicant

L.S. Pressings CC

Respondent

Dartingo Trading 212 (Pty) Ltd t/a Dartingo Pressings

Respondent

Procedural Posture

Joinder Application / Application for Joinder of Second Respondent to Labour Court Proceedings

Legal Issues

  1. 1 Whether the second respondent can be joined to Labour Court proceedings when the applicant holds a certified CCMA arbitration award.
  2. 2 Whether there are live proceedings before the Labour Court to which the second respondent may be joined.
  3. 3 Whether joinder is permissible after the CCMA proceedings are complete and the commissioner is functus officio.

Ratio Decidendi

The application for joinder fails because there are no live proceedings before the Labour Court to which the second respondent can be joined. The applicant holds a certified CCMA arbitration award, which is enforceable as if it were an order of the Labour Court, but does not itself constitute proceedings before the Labour Court. The commissioner is functus officio, and joinder is not permissible after the completion of proceedings. The authorities cited confirm that joinder must occur before judgment is passed and in the context of live litigation. Any future enforcement proceedings under section 197 of the LRA may be the appropriate time to join the second respondent.

Court Disposition

Application for joinder of the second respondent is dismissed.

Orders

  • The application for the joinder of the second respondent is dismissed.
  • No order is made as to costs.