Molaba and Others v Emfuleni Local Municipality (J1438/07, J1443/07, J1439/07) [2009] ZALC 44; [2009] 7 BLLR 679 (LC); (2009) 30 ILJ 2760 (LC) (17 March 2009)

Molaba and Others v Emfuleni Local Municipality (J1438/07, J1443/07, J1439/07) [2009] ZALC 44; [2009] 7 BLLR 679 (LC); (2009) 30 ILJ 2760 (LC) (17 March 2009)

The court held that the correspondence addressed to the applicants by the respondent's acting human resources manager did not constitute a settlement agreement as contemplated by section 158(1)(c) of the Labour Relations Act. The applicants had not declared a dispute or referred it to the bargaining council prior to the alleged agreement, and the letters merely reflected a mutually agreed variation of their employment contracts. Even if the correspondence could be considered a settlement agreement, the court exercised its discretion to refuse to make it an order, given unresolved defences and the existence of pending unfair labour practice proceedings. Section 158(1)(c) is not intended to...

Citation
[2009] ZALC 44
Parties
Applicant: Tumelo Stephen Molaba; Applicant: Mmapheelo Roseline Mokoena; Applicant: Mohapinyane Ben Makume; Respondent: Emfuleni Local Municipality
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 March 2009
Case Number
J1438/07, J1443/07, J1439/07
Procedural Posture
Urgent Application / Application to Have Alleged Settlement Agreement Made an Order of Court Under Section 158(1)(c) of the Labour Relations Act.
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Settlement Agreement, Section 158 1 C, Authority of Agent, Unfair Labour Practice, Contractual Claims
Labour Law Civil Procedure Settlement Agreement Section 158 1 C Authority of Agent Unfair Labour Practice Contractual Claims

Case Brief

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Parties

Tumelo Stephen Molaba

Applicant

Mmapheelo Roseline Mokoena

Applicant

Mohapinyane Ben Makume

Applicant

Emfuleni Local Municipality

Respondent

Procedural Posture

Urgent Application / Application to Have Alleged Settlement Agreement Made an Order of Court Under Section 158(1)(c) of the Labour Relations Act.

Legal Issues

  1. 1 Whether the correspondence from the respondent's human resources manager constituted a settlement agreement under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the respondent is bound by the terms of the letters addressed to the applicants.
  3. 3 Whether the court should exercise its discretion to make the alleged agreement an order of court.

Ratio Decidendi

The court held that the correspondence addressed to the applicants by the respondent's acting human resources manager did not constitute a settlement agreement as contemplated by section 158(1)(c) of the Labour Relations Act. The applicants had not declared a dispute or referred it to the bargaining council prior to the alleged agreement, and the letters merely reflected a mutually agreed variation of their employment contracts. Even if the correspondence could be considered a settlement agreement, the court exercised its discretion to refuse to make it an order, given unresolved defences and the existence of pending unfair labour practice proceedings. Section 158(1)(c) is not intended to...

Court Disposition

Application dismissed with costs.

Orders

  • The applications are dismissed, with costs.