Numsa and Individual Employees and Others v Lee Eletronics and Others (P 829/99) [2004] ZALC 61; (2005) 26 ILJ 2033 (LC) (27 August 2004)

Numsa and Individual Employees and Others v Lee Eletronics and Others (P 829/99) [2004] ZALC 61; (2005) 26 ILJ 2033 (LC) (27 August 2004)

The court found that the applicants only became aware of the transfer of business and assets to South Sound in 2003, and thus prescription does not apply. The conduct of the respondents, including providing misleading information and ineffective addresses for service, indicated a lack of bona fides and a reasonable...

Source-derived case information.

Citation
[2004] ZALC 61
Parties
Applicant: NUMSA and Individual Employees listed in Annexure A; Respondent: Lee Electronics (Pty) Limited; Respondent: South Sound (Pty) Limited; Respondent: Chen-Hsung Lee
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 August 2004
Case Number
P829/99
Procedural Posture
Joinder Application / Application for Joinder of Parties in Unfair Dismissal Proceedings
Outcome
Application for joinder granted; costs awarded against respondents.
Judges
Pillay D
Legal Topics
Joinder of Parties, Automatically Unfair Dismissal, Prescription, Joint and Several Liability
Labour Law Civil Procedure Joinder of Parties Automatically Unfair Dismissal Prescription Joint and Several Liability

Source-derived case record

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Parties

NUMSA and Individual Employees listed in Annexure A

Applicant

Lee Electronics (Pty) Limited

Respondent

South Sound (Pty) Limited

Respondent

Chen-Hsung Lee

Respondent

Procedural Posture

Joinder Application / Application for Joinder of Parties in Unfair Dismissal Proceedings

Legal Issues

  1. 1 Whether South Sound (Pty) Ltd and Chen-Hsung Lee should be joined as respondents in the unfair dismissal proceedings.
  2. 2 Whether any claim against South Sound and Lee has prescribed under the Prescription Act.
  3. 3 Whether the conduct of the respondents warrants joinder and costs orders.

Ratio Decidendi

The court found that the applicants only became aware of the transfer of business and assets to South Sound in 2003, and thus prescription does not apply. The conduct of the respondents, including providing misleading information and ineffective addresses for service, indicated a lack of bona fides and a reasonable probability of a claim against them. The evidence suggested that employees continued to work for both entities, supporting the need for joinder. The absence of an amendment to the pleadings did not preclude joinder, as remedies exist to cure excipiable pleadings. The respondents' conduct warranted the granting of the joinder application and a costs order against them.

Court Disposition

Application for joinder granted; costs awarded against respondents.

Orders

  • South Sound (Pty) Ltd trading as South Sound and Chen-Hsung Lee are joined as the second and third respondents respectively.
  • The respondents are to pay the applicant's costs jointly and severally, the one paying the others to be absolved.