Food & Allied Workers Union and Others v Key Spirit Trading 193 CC t/a Jimmy's Superspar (P550/2009) [2011] ZALCPE 8; (2011) 32 ILJ 2677 (LC) (24 June 2011)

Food & Allied Workers Union and Others v Key Spirit Trading 193 CC t/a Jimmy's Superspar (P550/2009) [2011] ZALCPE 8; (2011) 32 ILJ 2677 (LC) (24 June 2011)

The court held that the finding of Cele AJ in the earlier interdict proceedings—that the strike was unprotected and the reasons for this conclusion—are res judicata and cannot be revisited in the current dismissal proceedings. Although the cause of action and relief sought differ, the essential issues of fact and law overlap and involve the same parties. The applicants are estopped from leading evidence intended to assert a different cause for the strike or to challenge the finding that the strike was unprotected. However, the court recognized that the respondent's objection was overly broad and clarified that, while the status of the strike and the facts underpinning Cele AJ's decision...

Citation
[2011] ZALCPE 8
Parties
Applicant: Food & Allied Workers Union; Applicant: N Gela & Others; Respondent: Key Spirit Trading 193 CC t/a Jimmy's Superspar
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 June 2011
Case Number
P550/2009
Procedural Posture
Labour Law Application / Ruling on Point in Limine (exceptio Rei Judicata) Prior to Trial on Unfair Dismissal
Outcome
The in limine objection is upheld on the basis that the finding of Cele AJ that the strike was unprotected and his reasons are res judicata. No order as to costs.
Judges
Bhoola
Legal Topics
Exceptio Rei Judicata, Unprotected Strike, Unfair Dismissal, Res Judicata, Protected Strike, Substantive Fairness
Labour Law Civil Procedure Exceptio Rei Judicata Unprotected Strike Unfair Dismissal Res Judicata Protected Strike Substantive Fairness

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Parties

Food & Allied Workers Union

Applicant

N Gela & Others

Applicant

Key Spirit Trading 193 CC t/a Jimmy's Superspar

Respondent

Procedural Posture

Labour Law Application / Ruling on Point in Limine (exceptio Rei Judicata) Prior to Trial on Unfair Dismissal

Legal Issues

  1. 1 Whether the applicants are estopped by the exceptio rei judicata from presenting evidence on issues previously determined in the interdict declaring the strike unprotected.
  2. 2 Whether the applicants may rely on the protected nature of the strike to assert substantive unfairness of their dismissals.
  3. 3 Whether evidence relating to the cause of the strike may be led in the dismissal proceedings.

Ratio Decidendi

The court held that the finding of Cele AJ in the earlier interdict proceedings—that the strike was unprotected and the reasons for this conclusion—are res judicata and cannot be revisited in the current dismissal proceedings. Although the cause of action and relief sought differ, the essential issues of fact and law overlap and involve the same parties. The applicants are estopped from leading evidence intended to assert a different cause for the strike or to challenge the finding that the strike was unprotected. However, the court recognized that the respondent's objection was overly broad and clarified that, while the status of the strike and the facts underpinning Cele AJ's decision...

Court Disposition

The in limine objection is upheld on the basis that the finding of Cele AJ that the strike was unprotected and his reasons are res judicata. No order as to costs.

Orders

  • The finding of Cele AJ that the strike was unprotected and his reasons for this conclusion are res judicata and cannot be revisited in these proceedings.
  • No order as to costs.