Mills v Group 4 Securicor (J1789/07) [2008] ZALCJHB 83 (27 February 2008)

Mills v Group 4 Securicor (J1789/07) [2008] ZALCJHB 83 (27 February 2008)

The Labour Court found that the CCMA award was not issued against G4S Security Services (Pty) Ltd, but rather against a different entity, Group 4 Securicor. There was no evidence presented that the party against whom the award was made refused to comply with its terms. The applicant's reliance on international law principles was found to be inapplicable, and the respondent's lack of an employment relationship with the applicant was accepted. 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] ZALCJHB 83
Parties
Applicant: Johan Mills; Respondent: Group 4 Securicor
Court
Labour Court Johannesburg
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 Application, Enforcement of Ccma Award, Employer Identification, Award Nullity
Labour Law Civil Procedure Section 158 1 C Application Enforcement of Ccma Award Employer Identification Award Nullity

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 make the CCMA award an order of court under section 158(1)(c) of the Labour Relations Act.
  3. 3 Whether there is evidence that the party against whom the award was made refuses to comply with the award.

Ratio Decidendi

The Labour Court found that the CCMA award was not issued against G4S Security Services (Pty) Ltd, but rather against a different entity, Group 4 Securicor. There was no evidence presented that the party against whom the award was made refused to comply with its terms. The applicant's reliance on international law principles was found to be inapplicable, and the respondent's lack of an employment relationship with the applicant was accepted. 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 an award issued by the CCMA.