Kolisa and Others v City of Tshwane Metropolitan Municipality and Another (J1814/19) [2019] ZALCJHB 227 (12 September 2019)

Kolisa and Others v City of Tshwane Metropolitan Municipality and Another (J1814/19) [2019] ZALCJHB 227 (12 September 2019)

The court found that SAMWU, IMATU, and the affected employees were necessary parties to the application as they were signatories to the settlement agreement and had a direct and substantial interest in its operation. The applicants' piecemeal approach was inappropriate and contrary to the principles of expeditious dispute resolution in labour matters. The setting aside of clause 1 would affect the entire settlement agreement, making joinder essential. The applicants failed to join the necessary parties despite warnings, and fairness dictated that costs be awarded against them.

Citation
[2019] ZALCJHB 227
Parties
Applicant: Mthobeli Solam Kolisa; Applicant: 44 Other Employees of the City of Tshwane Metropolitan Municipality; Respondent: City of Tshwane Metropolitan Municipality; Respondent: Municipal Manager of the City of Tshwane Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 September 2019
Case Number
J1814/19
Procedural Posture
Urgent Application / Application for Interim Relief and Joinder Objection
Outcome
Application postponed sine die due to non-joinder; costs awarded against applicants.
Judges
Prinsloo
Legal Topics
Non Joinder, Urgent Interdict, Settlement Agreement, Remuneration Dispute, Costs Award
Labour Law Civil Procedure Non Joinder Urgent Interdict Settlement Agreement Remuneration Dispute Costs Award

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Parties

Mthobeli Solam Kolisa

Applicant

44 Other Employees of the City of Tshwane Metropolitan Municipality

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Municipal Manager of the City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief and Joinder Objection

Legal Issues

  1. 1 Whether the application should be dismissed for non-joinder of necessary parties.
  2. 2 Whether the applicants are entitled to set aside clause 1 of the settlement agreement pending review proceedings.
  3. 3 Whether the applicants are entitled to a retrospective salary increase of 18%.

Ratio Decidendi

The court found that SAMWU, IMATU, and the affected employees were necessary parties to the application as they were signatories to the settlement agreement and had a direct and substantial interest in its operation. The applicants' piecemeal approach was inappropriate and contrary to the principles of expeditious dispute resolution in labour matters. The setting aside of clause 1 would affect the entire settlement agreement, making joinder essential. The applicants failed to join the necessary parties despite warnings, and fairness dictated that costs be awarded against them.

Court Disposition

Application postponed sine die due to non-joinder; costs awarded against applicants.

Orders

  • The point in limine on non-joinder is upheld.
  • The matter is postponed sine die.