Rabothatha and Others v Sun International Limited and Another (52365/2020) [2023] ZAGPPHC 1969 (23 November 2023)

Rabothatha and Others v Sun International Limited and Another (52365/2020) [2023] ZAGPPHC 1969 (23 November 2023)

The court found that both the plaintiffs and the second defendant erred in granting and accepting performance-based increases outside the scope of the collective agreement. The collective agreement governed all remuneration changes, and neither party nor their agents had authority to negotiate or accept increases beyond its terms. The offer and acceptance of the additional increases were based on a mistaken belief of entitlement and authority. Public policy and the integrity of the collective bargaining process further precluded such increases, as their implementation would undermine the collective agreement and prejudice other employees. Accordingly, the plaintiffs' claim was dismissed.

Citation
[2023] ZAGPPHC 1969
Parties
Plaintiff: Rabothatha, Ishmael; Plaintiff: Motsepe, Rachel Mmaketlo; Plaintiff: Tlhabadira, Kgothatso Petunia; Plaintiff: Rapholo, Gomolemo; Plaintiff: Mogale, Dudzile; Plaintiff: Netshifefe, Thabiso Lucas; Plaintiff: Mmamatshenya, Frank Sello; Defendant: Sun International Limited; Defendant: Sun Times Square (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 November 2023
Case Number
52365/2020
Procedural Posture
Civil Trial / Liability Separated From Quantum; Determination of Liability Only
Outcome
Plaintiffs' action dismissed; no order as to costs.
Judges
Millar
Legal Topics
Collective Agreement, Remuneration Dispute, Iustus Error, Authority of Agents, Public Policy
Labour Law Civil Procedure Collective Agreement Remuneration Dispute Iustus Error Authority of Agents Public Policy

Case Brief

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Parties

Rabothatha, Ishmael

Plaintiff

Motsepe, Rachel Mmaketlo

Plaintiff

Tlhabadira, Kgothatso Petunia

Plaintiff

Rapholo, Gomolemo

Plaintiff

Mogale, Dudzile

Plaintiff

Netshifefe, Thabiso Lucas

Plaintiff

Mmamatshenya, Frank Sello

Plaintiff

Sun International Limited

Defendant

Sun Times Square (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Determination of Liability Only

Legal Issues

  1. 1 Whether the revocation of performance-based remuneration increases constituted a unilateral change to the plaintiffs' terms and conditions of employment.
  2. 2 Whether the general manager and human resources manager had authority to grant performance-based increases outside the collective agreement.
  3. 3 Whether public policy precludes performance-based increases outside the scope of the collective agreement.

Ratio Decidendi

The court found that both the plaintiffs and the second defendant erred in granting and accepting performance-based increases outside the scope of the collective agreement. The collective agreement governed all remuneration changes, and neither party nor their agents had authority to negotiate or accept increases beyond its terms. The offer and acceptance of the additional increases were based on a mistaken belief of entitlement and authority. Public policy and the integrity of the collective bargaining process further precluded such increases, as their implementation would undermine the collective agreement and prejudice other employees. Accordingly, the plaintiffs' claim was dismissed.

Court Disposition

Plaintiffs' action dismissed; no order as to costs.

Orders

  • The action is dismissed.
  • There is no order as to costs.