Mills v Group 4 Securicor (J1789/07) [2008] ZALC 212 (27 February 2008)

Mills v Group 4 Securicor (J1789/07) [2008] ZALC 212 (27 February 2008)

The Labour Court found that the CCMA award was not issued against G4S Security Services (Pty) Ltd but against Group 4 Securicor, a distinct legal entity. There was no evidence that Group 4 Securicor refused to comply with the award, nor was there an employer-employee relationship between the applicant and G4S Security Services (Pty) Ltd. The court exercised its discretion under section 158(1)(c) of the Labour Relations Act and refused to make the award an order of court against G4S Security Services (Pty) Ltd. Costs were awarded against the applicant.

Citation
[2008] ZALC 212
Parties
Applicant: Johan Mills; Respondent: Group 4 Securicor
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 February 2008
Case Number
J1789/07
Procedural Posture
Urgent Application / Application to Make CCMA Award an Order of Court Under Section 158(1)(c) of the Labour Relations Act
Outcome
Application dismissed; costs awarded against the applicant.
Judges
Moshoana
Legal Topics
Section 158 1 C Enforcement, Default Award, Employer Identification, International Employment, Costs Award
Labour Law Civil Procedure Section 158 1 C Enforcement Default Award Employer Identification International Employment Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Johan Mills

Applicant

Group 4 Securicor

Respondent

Procedural Posture

Urgent Application / Application to Make CCMA Award an Order of Court Under Section 158(1)(c) of the Labour Relations Act

Legal Issues

  1. 1 Whether G4S Security Services (Pty) Ltd is liable to pay compensation under a CCMA award issued against Group 4 Securicor.
  2. 2 Whether the Labour Court should exercise its discretion to enforce the CCMA award under section 158(1)(c) of the Labour Relations Act.
  3. 3 Whether there is an employer-employee relationship between the applicant and G4S Security Services (Pty) Ltd.

Ratio Decidendi

The Labour Court found that the CCMA award was not issued against G4S Security Services (Pty) Ltd but against Group 4 Securicor, a distinct legal entity. There was no evidence that Group 4 Securicor refused to comply with the award, nor was there an employer-employee relationship between the applicant and G4S Security Services (Pty) Ltd. The court exercised its discretion under section 158(1)(c) of the Labour Relations Act and refused to make the award an order of court against G4S Security Services (Pty) Ltd. Costs were awarded against the applicant.

Court Disposition

Application dismissed; costs awarded against the applicant.

Orders

  • The application in terms of section 158(1)(c) fails.
  • G4S Security Services (Pty) Ltd is not liable to pay any compensation in terms of the award issued by the CCMA.