Peter v Capacity Outsourcing (P206/16) [2017] ZALCJHB 123 (27 March 2017)

Peter v Capacity Outsourcing (P206/16) [2017] ZALCJHB 123 (27 March 2017)

The court found that the settlement agreement met the statutory requirements and was sufficiently clear. However, the applicant failed to prove non-compliance by the respondent. The evidence showed that the respondent re-employed the applicant on 28 August 2016, and the applicant worked for one day and was paid. The applicant did not dispute the respondent's claim that he was offered alternative employment prior to this date but declined. The applicant's late replying affidavit was not considered due to lack of condonation. The court held that the employment relationship was established and the respondent complied with the agreement. Therefore, the application to make the settlement...

Citation
[2017] ZALCJHB 123
Parties
Applicant: Sivuyile Peter; Respondent: Capacity Outsourcing
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 March 2017
Case Number
P206/16
Procedural Posture
Application to Make Settlement Order of Court / Judgment
Outcome
Application dismissed. No order as to costs.
Judges
Mahosi
Legal Topics
Section 158 1 C Application, Settlement Agreement Enforcement, Unfair Dismissal, Condonation, Employment Relationship
Labour Law Section 158 1 C Application Settlement Agreement Enforcement Unfair Dismissal Condonation Employment Relationship

Case Brief

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Parties

Sivuyile Peter

Applicant

Capacity Outsourcing

Respondent

Procedural Posture

Application to Make Settlement Order of Court / Judgment

Legal Issues

  1. 1 Whether the respondent complied with the terms of the settlement agreement by re-employing the applicant.
  2. 2 Whether the applicant established non-compliance by the respondent with the settlement agreement.
  3. 3 Whether the applicant's late replying affidavit should be considered without condonation.

Ratio Decidendi

The court found that the settlement agreement met the statutory requirements and was sufficiently clear. However, the applicant failed to prove non-compliance by the respondent. The evidence showed that the respondent re-employed the applicant on 28 August 2016, and the applicant worked for one day and was paid. The applicant did not dispute the respondent's claim that he was offered alternative employment prior to this date but declined. The applicant's late replying affidavit was not considered due to lack of condonation. The court held that the employment relationship was established and the respondent complied with the agreement. Therefore, the application to make the settlement...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application for an order to make a settlement agreement issued by the CCMA under case number ECPE 587-15 an order of the court is dismissed.
  • There is no order as to costs.