Greef v Consol Glass (Pty) Ltd (C A02/12) [2013] ZALAC 7; (2013) 34 ILJ 2385 (LAC) (21 May 2013)

Greef v Consol Glass (Pty) Ltd (C A02/12) [2013] ZALAC 7; (2013) 34 ILJ 2385 (LAC) (21 May 2013)

Section 158(1)(c) of the Labour Relations Act, read with section 158(1A), does not require that a dispute be referred to the Labour Court for adjudication before a settlement agreement can be made an order of court. The settlement agreement must be in writing, relate to a dispute that could be referred to arbitration or the Labour Court, and not fall within the excluded categories. The Labour Court retains a discretion to make such agreements orders of court, but must first determine if the agreement meets the statutory criteria. In this case, the Labour Court erred by conflating the statutory requirements with the exercise of discretion and by dismissing the application solely because no...

Citation
[2013] ZALAC 7
Parties
Appellant: Maryka Greef; Respondent: Consol Glass (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 May 2013
Case Number
CA02/12
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Application to Make Settlement Agreement an Order of Court.
Outcome
Appeal upheld. Judgment and order of the Labour Court set aside. Matter remitted to the Labour Court for rehearing and reconsideration. Costs of appeal awarded to the appellant.
Judges
Coppin, Waglay, Tlaletsi
Legal Topics
Settlement Agreement, Section 158 1 C Lra, Section 158 1a Lra, Retrenchment, Discretion of Court, Arbitration Award
Labour Law Civil Procedure Settlement Agreement Section 158 1 C Lra Section 158 1a Lra Retrenchment Discretion of Court Arbitration Award

Case Brief

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Parties

Maryka Greef

Appellant

Consol Glass (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Application to Make Settlement Agreement an Order of Court.

Legal Issues

  1. 1 Whether section 158(1)(c) of the Labour Relations Act requires a prior referral of the dispute to the Labour Court before a settlement agreement can be made an order of court.
  2. 2 Whether the settlement agreement between the appellant and respondent meets the criteria set out in section 158(1A) of the LRA.
  3. 3 Whether the Labour Court exercised its discretion correctly in refusing to make the settlement agreement an order of court.

Ratio Decidendi

Section 158(1)(c) of the Labour Relations Act, read with section 158(1A), does not require that a dispute be referred to the Labour Court for adjudication before a settlement agreement can be made an order of court. The settlement agreement must be in writing, relate to a dispute that could be referred to arbitration or the Labour Court, and not fall within the excluded categories. The Labour Court retains a discretion to make such agreements orders of court, but must first determine if the agreement meets the statutory criteria. In this case, the Labour Court erred by conflating the statutory requirements with the exercise of discretion and by dismissing the application solely because no...

Court Disposition

Appeal upheld. Judgment and order of the Labour Court set aside. Matter remitted to the Labour Court for rehearing and reconsideration. Costs of appeal awarded to the appellant.

Orders

  • The appeal is upheld.
  • The judgment and order of the Labour Court are set aside.