Nokeng tsa Taemane Local Municipality and Other v Metsweding District Municipality and Others (JS227/03) [2003] ZALC 81; (2003) 24 ILJ 2179 (LC); [2003] 11 BLLR 1154 (LC) (14 July 2003)

Nokeng tsa Taemane Local Municipality and Other v Metsweding District Municipality and Others (JS227/03) [2003] ZALC 81; (2003) 24 ILJ 2179 (LC); [2003] 11 BLLR 1154 (LC) (14 July 2003)

The court found that there was no transfer of Nokeng's Emergency Medical Services department to Metsweding as a going concern under section 197 of the Labour Relations Act. The evidence did not establish a written or tacit agreement for such a transfer, nor did it show that Metsweding intended to employ Nokeng's EMS staff or integrate the EMS department. The assets were transferred to the Province, not Metsweding, and Metsweding was not conducting a fully operational EMS. The facts did not support the applicants' contention that Metsweding became the employer of Nokeng's EMS staff. Accordingly, the application for a declaratory order was dismissed.

Citation
[2003] ZALC 81
Parties
Applicant: Nokeng tsa Taemane Local Municipality; Applicant: Independent Municipal and Allied Trade Union; Respondent: Metsweding District Municipality; Respondent: South African Municipal Workers Union; Respondent: MEC for Development, Planning and Local Government, Gauteng; Respondent: MEC for Health, Gauteng
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 July 2003
Case Number
JS227/03
Procedural Posture
Urgent Application / Application for Declaratory Order Brought on an Urgent Basis
Outcome
Application dismissed with costs, including reserved costs. No order as to costs for the third and fourth respondents.
Judges
A A Landman
Legal Topics
Section 197 Transfer, Declaratory Relief, Employment Continuity, Agency Agreement, Costs Order
Labour Law Civil Procedure Section 197 Transfer Declaratory Relief Employment Continuity Agency Agreement Costs Order

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Parties

Nokeng tsa Taemane Local Municipality

Applicant

Independent Municipal and Allied Trade Union

Applicant

Metsweding District Municipality

Respondent

South African Municipal Workers Union

Respondent

MEC for Development, Planning and Local Government, Gauteng

Respondent

MEC for Health, Gauteng

Respondent

Procedural Posture

Urgent Application / Application for Declaratory Order Brought on an Urgent Basis

Legal Issues

  1. 1 Whether there was a transfer of the Emergency Medical Services (EMS) from Nokeng to Metsweding as a going concern under section 197 of the Labour Relations Act.
  2. 2 Whether Metsweding became the employer of Nokeng's EMS staff from 1 April 2003.
  3. 3 Whether a written agreement or other formalities under section 197(6) and (7) of the LRA were satisfied.

Ratio Decidendi

The court found that there was no transfer of Nokeng's Emergency Medical Services department to Metsweding as a going concern under section 197 of the Labour Relations Act. The evidence did not establish a written or tacit agreement for such a transfer, nor did it show that Metsweding intended to employ Nokeng's EMS staff or integrate the EMS department. The assets were transferred to the Province, not Metsweding, and Metsweding was not conducting a fully operational EMS. The facts did not support the applicants' contention that Metsweding became the employer of Nokeng's EMS staff. Accordingly, the application for a declaratory order was dismissed.

Court Disposition

Application dismissed with costs, including reserved costs. No order as to costs for the third and fourth respondents.

Orders

  • The application is dismissed with costs, including the reserved costs.
  • No order of costs is made as regards the third and fourth respondents.