Gottlieb v Procure Genii (Pty) Ltd (D131/2022) [2025] ZALCD 22 (1 July 2025)

Gottlieb v Procure Genii (Pty) Ltd (D131/2022) [2025] ZALCD 22 (1 July 2025)

The court found that the settlement agreement entered into at the CCMA under case number KNDB 9750-21 was intended only to settle the applicants' claim for severance pay and not all claims arising from their dismissal. The evidence showed that the applicants did not persist with their unfair dismissal claims under that CCMA case number and that the agreement did not compromise their claims before the Labour Court. The respondent's special plea of res judicata and lis pendens was mischaracterised and unsustainable, as there was no final judgment or pending litigation in another forum. The terms of the settlement agreement, read with the documentary evidence and witness testimony, confirmed...

Citation
[2025] ZALCD 22
Parties
Applicant: Marlene Gottlieb; Applicant: Lucille Naicker; Applicant: Beverley Horsley; Applicant: Caylee Reyneke; Applicant: Tyron Els; Respondent: Procure Genii (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
1 July 2025
Case Number
D131/2022
Procedural Posture
Labour Law Application / Point in Limine
Outcome
The respondent's point in limine is dismissed. The matter is to proceed to trial on the merits. The respondent is ordered to pay the applicants' wasted costs incurred in opposing the point in limine.
Judges
K Allen-Yaman
Legal Topics
Settlement Agreement, Res Judicata, Lis Pendens, Unfair Dismissal, Severance Pay
Labour Law Settlement Agreement Res Judicata Lis Pendens Unfair Dismissal Severance Pay

Case Brief

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Parties

Marlene Gottlieb

Applicant

Lucille Naicker

Applicant

Beverley Horsley

Applicant

Caylee Reyneke

Applicant

Tyron Els

Applicant

Procure Genii (Pty) Ltd

Respondent

Procedural Posture

Labour Law Application / Point in Limine

Legal Issues

  1. 1 Whether the settlement agreement entered into at the CCMA compromised the applicants' claims before the Labour Court.
  2. 2 Whether the respondent's special plea of res judicata or lis pendens is sustainable in light of the settlement agreement.
  3. 3 Whether the applicants are precluded from pursuing statutory payments and unfair dismissal claims in this court.

Ratio Decidendi

The court found that the settlement agreement entered into at the CCMA under case number KNDB 9750-21 was intended only to settle the applicants' claim for severance pay and not all claims arising from their dismissal. The evidence showed that the applicants did not persist with their unfair dismissal claims under that CCMA case number and that the agreement did not compromise their claims before the Labour Court. The respondent's special plea of res judicata and lis pendens was mischaracterised and unsustainable, as there was no final judgment or pending litigation in another forum. The terms of the settlement agreement, read with the documentary evidence and witness testimony, confirmed...

Court Disposition

The respondent's point in limine is dismissed. The matter is to proceed to trial on the merits. The respondent is ordered to pay the applicants' wasted costs incurred in opposing the point in limine.

Orders

  • The respondent's in limine 'res judicata / lis pendens' (compromise) point is dismissed.
  • The registrar is directed to enrol the matter for trial on the merits.