Mutliquip (Pty) Ltd and Another v National Union of Metal Workers of South Africa (NUMSA) and Others (D477/20) [2021] ZALCD 67 (17 August 2021)

Mutliquip (Pty) Ltd and Another v National Union of Metal Workers of South Africa (NUMSA) and Others (D477/20) [2021] ZALCD 67 (17 August 2021)

The Labour Court does not have the power to declare its own previous orders a nullity except in narrowly defined circumstances such as fraud or justus error, neither of which were pleaded or proven by the applicants. The applicants failed to identify any right under the LRA or common law to sustain their claim for rescission. Policy considerations, including the need for finality in labour disputes and the accountability of counsel, preclude reopening settled litigation. The compromise reached by settlement agreement terminated any original rights or defences, and the applicants cannot now raise defences that were available at trial. The constitutional inability argument based on Lufil...

Citation
[2021] ZALCD 67
Parties
Applicant: Multiquip (Pty) Ltd; Applicant: Ian O'Byrne; Respondent: National Union of Metal Workers of South Africa (NUMSA); Respondent: Xolani Lucky Biyela and 45 Others
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
17 August 2021
Case Number
D477/20
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Whitcher
Legal Topics
Rescission of Judgment, Settlement Agreement, Trade Union Representation, Justus Error, Compromise of Rights
Labour Law Civil Procedure Rescission of Judgment Settlement Agreement Trade Union Representation Justus Error Compromise of Rights

Case Brief

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Parties

Multiquip (Pty) Ltd

Applicant

Ian O'Byrne

Applicant

National Union of Metal Workers of South Africa (NUMSA)

Respondent

Xolani Lucky Biyela and 45 Others

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Labour Court has the power to declare its own previous orders a nullity and set them aside.
  2. 2 Whether the applicants have pleaded and made out a case for rescission under section 165 of the LRA or common law.
  3. 3 Whether the applicants can rely on a constitutional inability of NUMSA to represent employees as a basis to set aside previous orders.

Ratio Decidendi

The Labour Court does not have the power to declare its own previous orders a nullity except in narrowly defined circumstances such as fraud or justus error, neither of which were pleaded or proven by the applicants. The applicants failed to identify any right under the LRA or common law to sustain their claim for rescission. Policy considerations, including the need for finality in labour disputes and the accountability of counsel, preclude reopening settled litigation. The compromise reached by settlement agreement terminated any original rights or defences, and the applicants cannot now raise defences that were available at trial. The constitutional inability argument based on Lufil...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the respondents.