NUMSA obo Ngubane and Others v Xpanda Security (Pty) Ltd and Others (D336/09) [2014] ZALCD 47 (19 September 2014)

NUMSA obo Ngubane and Others v Xpanda Security (Pty) Ltd and Others (D336/09) [2014] ZALCD 47 (19 September 2014)

The court found that there was no unequivocal offer and acceptance sufficient to constitute a binding settlement agreement. The correspondence and conduct between the parties did not establish a meeting of the minds or the requisite intention to settle. The emails and telephone calls referenced were either conditional or based on misunderstandings, and the cheques tendered were not presented for payment. In the absence of clear and unequivocal acceptance, no settlement agreement came into existence. Therefore, the in-limine application by the first respondent was dismissed, and the review application may proceed.

Citation
[2014] ZALCD 47
Parties
Applicant: NUMSA obo M Ngubane & 4 Others; Respondent: Xpanda Security (Pty) Ltd; Respondent: Metal & Engineering Industries Bargaining Council (MEIBC); Respondent: Lisa Williams De Beer N.O.
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
19 September 2014
Case Number
D336/09
Procedural Posture
Review Application / In Limine Application Prior to Review
Outcome
The in-limine application by the first respondent is dismissed with costs. The review application may be set down for hearing.
Judges
Hobden
Legal Topics
Settlement Agreement, Offer and Acceptance, Unfair Dismissal, Review Proceedings
Labour Law Civil Procedure Settlement Agreement Offer and Acceptance Unfair Dismissal Review Proceedings

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Parties

NUMSA obo M Ngubane & 4 Others

Applicant

Xpanda Security (Pty) Ltd

Respondent

Metal & Engineering Industries Bargaining Council (MEIBC)

Respondent

Lisa Williams De Beer N.O.

Respondent

Procedural Posture

Review Application / In Limine Application Prior to Review

Legal Issues

  1. 1 Whether a valid settlement agreement was concluded between the parties.
  2. 2 Whether there was unequivocal offer and acceptance sufficient to settle the dispute.
  3. 3 Whether the review application may proceed in the absence of settlement.

Ratio Decidendi

The court found that there was no unequivocal offer and acceptance sufficient to constitute a binding settlement agreement. The correspondence and conduct between the parties did not establish a meeting of the minds or the requisite intention to settle. The emails and telephone calls referenced were either conditional or based on misunderstandings, and the cheques tendered were not presented for payment. In the absence of clear and unequivocal acceptance, no settlement agreement came into existence. Therefore, the in-limine application by the first respondent was dismissed, and the review application may proceed.

Court Disposition

The in-limine application by the first respondent is dismissed with costs. The review application may be set down for hearing.

Orders

  • The in-limine application of the first respondent is dismissed with costs.
  • The review application may be set down for hearing.