Erasmus and Others v Ekurhuleni Metropolitan Municipality and Others (40292/2005) [2006] ZAGPHC 210 (29 May 2006)

Erasmus and Others v Ekurhuleni Metropolitan Municipality and Others (40292/2005) [2006] ZAGPHC 210 (29 May 2006)

The court held that the definition of redundancy in the conditions of service does not require termination of employment, but rather that the specific job is no longer required. The plaintiffs' particulars of claim sufficiently allege that their posts became redundant and that they were entitled to severance benefits under clause 17. The court found that the claim is contractual and not dependent on the interpretation or application of a collective agreement under section 24 of the Labour Relations Act. The abolition of posts and failure to accommodate the plaintiffs in the new structure constituted redundancy. The excipient failed to persuade the court that the particulars of claim were...

Citation
[2006] ZAGPHC 210
Parties
Plaintiff: Gerhard Johannes Erasmus; Plaintiff: Andries Jakobus Petrus du Preez; Plaintiff: Petrus van Niekerk; Defendant: Ekurhuleni Metropolitan Municipality; Defendant: Germiston Municipal Retirement Fund; Defendant: National Pension Fund for Municipal Workers; Defendant: Munimed
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
29 May 2006
Case Number
40292/2005
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception dismissed; costs awarded against first defendant.
Judges
M M MABESELE
Legal Topics
Redundancy, Severance Benefits, Specific Performance, Collective Agreement Interpretation
Labour Law Civil Procedure Redundancy Severance Benefits Specific Performance Collective Agreement Interpretation

Case Brief

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Parties

Gerhard Johannes Erasmus

Plaintiff

Andries Jakobus Petrus du Preez

Plaintiff

Petrus van Niekerk

Plaintiff

Ekurhuleni Metropolitan Municipality

Defendant

Germiston Municipal Retirement Fund

Defendant

National Pension Fund for Municipal Workers

Defendant

Munimed

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim disclose a cause of action for redundancy and severance benefits.
  2. 2 Whether clause 17 of the conditions of service entitles the plaintiffs to severance benefits without termination of employment.
  3. 3 Whether the plaintiffs' claim is for specific performance and if they have pleaded compliance with their own obligations.

Ratio Decidendi

The court held that the definition of redundancy in the conditions of service does not require termination of employment, but rather that the specific job is no longer required. The plaintiffs' particulars of claim sufficiently allege that their posts became redundant and that they were entitled to severance benefits under clause 17. The court found that the claim is contractual and not dependent on the interpretation or application of a collective agreement under section 24 of the Labour Relations Act. The abolition of posts and failure to accommodate the plaintiffs in the new structure constituted redundancy. The excipient failed to persuade the court that the particulars of claim were...

Court Disposition

Exception dismissed; costs awarded against first defendant.

Orders

  • The exception is dismissed.
  • First defendant is ordered to pay the costs of two counsel.