Mabona v Formula 80 (J4075/99) [2001] ZALC 184 (22 October 2001)

Mabona v Formula 80 (J4075/99) [2001] ZALC 184 (22 October 2001)

The court found that there was no evidence establishing any connection between Formula 3000 and the original respondent, Formula 80. The applicant failed to provide facts showing that section 197 of the Labour Relations Act was applicable or that Formula 3000 or Mr Errol Johnstone were successors to Formula 80. Furthermore, the authorities indicate that joining a respondent after judgment is generally not permissible. Even if it were, the applicant did not make out a case for such relief. Accordingly, the application to amend the court order and join additional respondents was dismissed.

Citation
[2001] ZALC 184
Parties
Applicant: Mashoabathe Earl Mabona; Respondent: Formula 80
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 October 2001
Case Number
J4075/99
Procedural Posture
Urgent Application / Application to Amend Court Order and Join Additional Respondent After Judgment
Outcome
Application dismissed with costs.
Judges
A A Landman
Legal Topics
Amendment of Court Order, Joinder of Parties, Liquidation of Employer, Section 158 1 C Lra
Labour Law Civil Procedure Amendment of Court Order Joinder of Parties Liquidation of Employer Section 158 1 C Lra

Case Brief

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Parties

Mashoabathe Earl Mabona

Applicant

Formula 80

Respondent

Procedural Posture

Urgent Application / Application to Amend Court Order and Join Additional Respondent After Judgment

Legal Issues

  1. 1 Whether the court may amend a previous order to substitute the name of the respondent employer after liquidation and deregistration.
  2. 2 Whether the court may join a new respondent after judgment has been granted.
  3. 3 Whether there is any factual or legal basis to link Formula 3000 or Mr Errol Johnstone to the original award against Formula 80.

Ratio Decidendi

The court found that there was no evidence establishing any connection between Formula 3000 and the original respondent, Formula 80. The applicant failed to provide facts showing that section 197 of the Labour Relations Act was applicable or that Formula 3000 or Mr Errol Johnstone were successors to Formula 80. Furthermore, the authorities indicate that joining a respondent after judgment is generally not permissible. Even if it were, the applicant did not make out a case for such relief. Accordingly, the application to amend the court order and join additional respondents was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application to amend the court order and to join Formula 3000 and Mr Errol Johnstone as respondents is dismissed with costs.