Harrisawak v La Farge (South Africa) (D353/2000) [2001] ZALC 35; [2001] 6 BLLR 614 (LC); (2001) 22 ILJ 1395 (LC) (1 March 2001)

Harrisawak v La Farge (South Africa) (D353/2000) [2001] ZALC 35; [2001] 6 BLLR 614 (LC); (2001) 22 ILJ 1395 (LC) (1 March 2001)

The Labour Court found that it has jurisdiction to make a settlement agreement relating to an employment dispute an order of court under section 158(1)(c) of the LRA, even if the agreement was concluded without the direct intervention of the CCMA, provided the dispute was pending before the CCMA at the time of settlement. However, the application was dismissed because, on the applicant's own version, he had tendered his services and they were accepted, resulting in a new contract of employment. The subsequent termination of that contract constituted a new cause of action, and the enforcement of the original settlement agreement was no longer appropriate.

Citation
[2001] ZALC 35
Parties
Applicant: Ramlall Harrisawak; Respondent: La Farge (South Africa)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 March 2001
Case Number
D353/2000
Procedural Posture
Urgent Application / Application to Make Oral Settlement Agreement an Order of Court Under Section 158(1)(c) of the Lra.
Outcome
Application dismissed.
Judges
Pillay
Legal Topics
Settlement Agreement, Jurisdiction of Labour Court, Section 158 1 C Lra, Enforcement of Agreements
Labour Law Civil Procedure Settlement Agreement Jurisdiction of Labour Court Section 158 1 C Lra Enforcement of Agreements

Case Brief

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Parties

Ramlall Harrisawak

Applicant

La Farge (South Africa)

Respondent

Procedural Posture

Urgent Application / Application to Make Oral Settlement Agreement an Order of Court Under Section 158(1)(c) of the Lra.

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to make a private settlement agreement an order of court under section 158(1)(c) of the LRA.
  2. 2 Whether the application should be dismissed because the applicant's tender of services and acceptance created a new cause of action.

Ratio Decidendi

The Labour Court found that it has jurisdiction to make a settlement agreement relating to an employment dispute an order of court under section 158(1)(c) of the LRA, even if the agreement was concluded without the direct intervention of the CCMA, provided the dispute was pending before the CCMA at the time of settlement. However, the application was dismissed because, on the applicant's own version, he had tendered his services and they were accepted, resulting in a new contract of employment. The subsequent termination of that contract constituted a new cause of action, and the enforcement of the original settlement agreement was no longer appropriate.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.