IMPERIAL CARGO (PTY) LTD v SA TRANSPORT ALLIED WORKERS' UNION (JA79/2013) [2015] ZALAC 81 (5 March 2015)

IMPERIAL CARGO (PTY) LTD v SA TRANSPORT ALLIED WORKERS' UNION (JA79/2013) [2015] ZALAC 81 (5 March 2015)

The Labour Appeal Court held that the previous judgment in the 'drivers dispute' was a judgment in personam, not in rem, and did not concern the legal status of any person or property. The respondents in the present matter were not parties to the earlier dispute, nor were they privies, as they did not derive their rights from those employees. The causes of action and relief claimed were not identical, and the requirements for res judicata were not met. The respondents' claims for unfair dismissal and severance pay were distinct and not barred by the previous judgment. The appeal was dismissed, and the Labour Court's decision was upheld.

Citation
[2015] ZALAC 81
Parties
Appellant: Imperial Cargo (Pty) Ltd; Respondent: South African Transport and Allied Workers' Union; Respondent: Motaung L.S. and Others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 March 2015
Case Number
JA79/2013
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment on Special Plea of Res Judicata
Outcome
Appeal dismissed with costs; Labour Court's judgment upheld.
Judges
Waglay JP, Musi JA, Dlodlo AJA
Legal Topics
Res Judicata, Unfair Dismissal, Retrenchment, Severance Pay
Labour Law Civil Procedure Res Judicata Unfair Dismissal Retrenchment Severance Pay

Case Brief

Summary, issues, holding and outcome

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Parties

Imperial Cargo (Pty) Ltd

Appellant

South African Transport and Allied Workers' Union

Respondent

Motaung L.S. and Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment on Special Plea of Res Judicata

Legal Issues

  1. 1 Whether the doctrine of res judicata applies to bar the respondents' unfair dismissal and severance pay claims.
  2. 2 Whether the previous Labour Court judgment in the 'drivers dispute' constitutes a judgment in rem or in personam.
  3. 3 Whether the respondents in the present matter are privies to the parties in the previous dispute.

Ratio Decidendi

The Labour Appeal Court held that the previous judgment in the 'drivers dispute' was a judgment in personam, not in rem, and did not concern the legal status of any person or property. The respondents in the present matter were not parties to the earlier dispute, nor were they privies, as they did not derive their rights from those employees. The causes of action and relief claimed were not identical, and the requirements for res judicata were not met. The respondents' claims for unfair dismissal and severance pay were distinct and not barred by the previous judgment. The appeal was dismissed, and the Labour Court's decision was upheld.

Court Disposition

Appeal dismissed with costs; Labour Court's judgment upheld.

Orders

  • The appeal is dismissed with costs.