Melane v G4S Security Services (Pty) Ltd (C1012/2011) [2012] ZALCCT 33; (2012) 33 ILJ 2425 (LC) (9 May 2012)

Melane v G4S Security Services (Pty) Ltd (C1012/2011) [2012] ZALCCT 33; (2012) 33 ILJ 2425 (LC) (9 May 2012)

The court found that the respondent had complied with the payment obligation under the settlement agreement but had not fulfilled the obligation to re-employ the applicant upon submission of a medical report. The applicant provided sufficient medical evidence indicating his fitness to work in a position involving light duties or desk work. Although the agreement was concluded more than three years prior and would ordinarily be subject to prescription, section 17(1) of the Prescription Act prevents the court from raising prescription mero motu. As the matter was unopposed and the terms of the agreement were clear, the court granted the application and made the settlement agreement an order...

Citation
[2012] ZALCCT 33
Parties
Applicant: Thembekile Duncor Melane; Respondent: G4S Security Services (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
9 May 2012
Case Number
C1012/2011
Procedural Posture
Urgent Application / Application to Make Settlement Agreement an Order of Court
Outcome
Application granted; settlement agreement made an order of court.
Judges
Edmonds
Legal Topics
Settlement Agreement, Section 158 1 C Lra, Prescription, Reinstatement
Labour Law Settlement Agreement Section 158 1 C Lra Prescription Reinstatement

Case Brief

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Parties

Thembekile Duncor Melane

Applicant

G4S Security Services (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Settlement Agreement an Order of Court

Legal Issues

  1. 1 Whether the settlement agreement reached at the CCMA can be made an order of court under section 158(1)(c) of the LRA.
  2. 2 Whether the respondent is obliged to re-employ the applicant upon submission of a medical report indicating fitness to work.
  3. 3 Whether the claim for re-employment is prescribed under the Prescription Act.

Ratio Decidendi

The court found that the respondent had complied with the payment obligation under the settlement agreement but had not fulfilled the obligation to re-employ the applicant upon submission of a medical report. The applicant provided sufficient medical evidence indicating his fitness to work in a position involving light duties or desk work. Although the agreement was concluded more than three years prior and would ordinarily be subject to prescription, section 17(1) of the Prescription Act prevents the court from raising prescription mero motu. As the matter was unopposed and the terms of the agreement were clear, the court granted the application and made the settlement agreement an order...

Court Disposition

Application granted; settlement agreement made an order of court.

Orders

  • The agreement entered into between the parties under CCMA case number: WE14869-05 on 27 January 2005 at Cape Town is hereby made an order of court.
  • There is no order as to costs.