Mokoena and Others v Motor Component Industry (Pty) Limited and Others (J1112/1999) [2005] ZALC 55 (25 February 2005)

Mokoena and Others v Motor Component Industry (Pty) Limited and Others (J1112/1999) [2005] ZALC 55 (25 February 2005)

The Labour Court has discretion under Rule 22 to join parties to unfair dismissal proceedings even if they did not participate in statutory conciliation, provided the dispute itself was properly conciliated and the parties to be joined have a substantial interest in the subject matter. There is no statutory bar to...

Source-derived case information.

Citation
[2005] ZALC 55
Parties
Applicant: Ronald Mokoena & Others; Respondent: Motor Component Industry (Pty) Limited; Respondent: Z L Lemforder (Pty) Limited; Respondent: Auto Industrial Spartan (Pty) Limited; Respondent: Dean Cataldo Fragale
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
25 February 2005
Case Number
J1112/1999
Procedural Posture
Joinder Application / Joinder Application in Pending Unfair Dismissal Proceedings
Outcome
Joinder of Third Respondent granted; joinder of Second and Fourth Respondents refused; certain employees not party to proceedings; no costs order.
Judges
AC Oosthuizen
Legal Topics
Joinder of Parties, Unfair Dismissal, Statutory Conciliation, Transfer of Business, Section 197, Jurisdictional Requirements
Labour Law Joinder of Parties Unfair Dismissal Statutory Conciliation Transfer of Business Section 197 Jurisdictional Requirements

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Parties

Ronald Mokoena & Others

Applicant

Motor Component Industry (Pty) Limited

Respondent

Z L Lemforder (Pty) Limited

Respondent

Auto Industrial Spartan (Pty) Limited

Respondent

Dean Cataldo Fragale

Respondent

Procedural Posture

Joinder Application / Joinder Application in Pending Unfair Dismissal Proceedings

Legal Issues

  1. 1 Whether parties who did not participate in statutory conciliation proceedings may be joined as respondents in unfair dismissal proceedings.
  2. 2 Whether the requirements for joinder under Labour Court Rule 22 are satisfied for the Second, Third, and Fourth Respondents.
  3. 3 Whether the transfer of business from First Respondent to Third Respondent constitutes a transfer as a going concern under section 197 of the Labour Relations Act.

Ratio Decidendi

The Labour Court has discretion under Rule 22 to join parties to unfair dismissal proceedings even if they did not participate in statutory conciliation, provided the dispute itself was properly conciliated and the parties to be joined have a substantial interest in the subject matter. There is no statutory bar to such joinder. The Fourth Respondent cannot be joined solely on the basis of being a director or shareholder, as claims against a company must be enforced against the company except in exceptional circumstances, which are not present here. The Applicants failed to establish that the business of the First Respondent was transferred to the Second Respondent as a going concern, and...

Court Disposition

Joinder of Third Respondent granted; joinder of Second and Fourth Respondents refused; certain employees not party to proceedings; no costs order.

Orders

  • The application for the joinder of Second and Fourth Respondents is refused.
  • The application for the joinder of the Third Respondent is granted.