Mehlo v Free State Education Department (J4961/00) [2001] ZALC 210 (19 November 2001)

Mehlo v Free State Education Department (J4961/00) [2001] ZALC 210 (19 November 2001)

The court held that the Minister of Education is an interested and necessary party in disputes concerning the grading and salary of educators, as the Minister holds statutory powers to determine these conditions. It is unclear whether the grading of educators is an act of the provincial head or a legislative consequence of the Minister's implementation of collective agreements. Therefore, the Minister must be joined as a respondent before the court can address the substantive points in limine or the merits of the discrimination claim. The applicant is granted leave to apply for joinder and amend his statement of case within 30 days. No order as to costs is made.

Citation
[2001] ZALC 210
Parties
Applicant: J M Mehlo; Respondent: Free State Education Department
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 November 2001
Case Number
J4961/00
Procedural Posture
Urgent Application / Points in Limine Raised; Interlocutory Order on Joinder
Outcome
First point in limine upheld; applicant granted leave to apply for joinder and amend statement of case within 30 days; no order as to costs.
Judges
A A Landman
Legal Topics
Employment Equity Act, Equal Pay for Equal Work, Joinder of Parties, Collective Bargaining, Jurisdiction
Labour Law Civil Procedure Employment Equity Act Equal Pay for Equal Work Joinder of Parties Collective Bargaining Jurisdiction

Case Brief

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Parties

J M Mehlo

Applicant

Free State Education Department

Respondent

Procedural Posture

Urgent Application / Points in Limine Raised; Interlocutory Order on Joinder

Legal Issues

  1. 1 Whether the correct party has been cited as respondent in terms of the Employment Equity Act.
  2. 2 Whether the Minister of Education must be joined as a respondent due to powers over salaries and grading.
  3. 3 Whether the grading of the applicant constitutes a policy or practice under section 6(1) of the EEA.

Ratio Decidendi

The court held that the Minister of Education is an interested and necessary party in disputes concerning the grading and salary of educators, as the Minister holds statutory powers to determine these conditions. It is unclear whether the grading of educators is an act of the provincial head or a legislative consequence of the Minister's implementation of collective agreements. Therefore, the Minister must be joined as a respondent before the court can address the substantive points in limine or the merits of the discrimination claim. The applicant is granted leave to apply for joinder and amend his statement of case within 30 days. No order as to costs is made.

Court Disposition

First point in limine upheld; applicant granted leave to apply for joinder and amend statement of case within 30 days; no order as to costs.

Orders

  • The applicant may apply for the joinder of the Minister of Education or any other party within 30 days of this order.
  • The applicant may amend his statement of case within this period.