Moloi and Others v Road Traffic Management Corporation (JS966/18) [2020] ZALCJHB 207 (18 August 2020)

Moloi and Others v Road Traffic Management Corporation (JS966/18) [2020] ZALCJHB 207 (18 August 2020)

The court found that the applicants failed to establish an employment relationship with the Road Traffic Management Corporation. The evidence showed that the contracts of employment were between the applicants and the Department of Community Safety, Gauteng Provincial Government, not the respondent. In the absence of such a relationship, the application for default judgment could not succeed.

Citation
[2020] ZALCJHB 207
Parties
Applicant: Tebogo Moloi & Others; Respondent: Road Traffic Management Corporation
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 August 2020
Case Number
JS966/18
Procedural Posture
Default Judgment Application / Application for Default Judgment
Outcome
Application for default judgment dismissed.
Judges
F Coetzee
Legal Topics
Employment Contract, Employer Identification, Default Judgment
Labour Law Employment Contract Employer Identification Default Judgment

Case Brief

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Parties

Tebogo Moloi & Others

Applicant

Road Traffic Management Corporation

Respondent

Procedural Posture

Default Judgment Application / Application for Default Judgment

Legal Issues

  1. 1 Whether the applicants were employed by the Road Traffic Management Corporation.
  2. 2 Whether the applicants are entitled to default judgment against the respondent.

Ratio Decidendi

The court found that the applicants failed to establish an employment relationship with the Road Traffic Management Corporation. The evidence showed that the contracts of employment were between the applicants and the Department of Community Safety, Gauteng Provincial Government, not the respondent. In the absence of such a relationship, the application for default judgment could not succeed.

Court Disposition

Application for default judgment dismissed.

Orders

  • The application for default judgment is dismissed with no order as to costs.