Road Traffic Management Corporation v Tasima (Pty) Ltd (JA10/19) [2019] ZALAC 33; (2019) 40 ILJ 1785 (LAC) (15 March 2019)

Road Traffic Management Corporation v Tasima (Pty) Ltd (JA10/19) [2019] ZALAC 33; (2019) 40 ILJ 1785 (LAC) (15 March 2019)

The Labour Appeal Court held that the only extant order after its previous variation was a declaratory order that the contracts of employment of the employees transferred from Tasima to the RTMC in accordance with section 197 of the Labour Relations Act. The Labour Court erred in granting consequential relief...

Source-derived case information.

Citation
[2019] ZALAC 33
Parties
Appellant: Road Traffic Management Corporation; Respondent: Tasima (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
15 March 2019
Case Number
JA10/19
Procedural Posture
Civil Appeal / Appeal Against Labour Court Order Under Section 18(3) of the Superior Courts Act
Outcome
Appeal upheld; Labour Court order set aside and substituted with dismissal of the application; costs awarded to appellant.
Judges
Coppin, Murphy, Savage
Legal Topics
Section 197 Transfer, Superior Courts Act Section 18, Declaratory Relief, Ad Factum Praestandum, Ad Pecuniam Solvendam
Labour Law Civil Procedure Section 197 Transfer Superior Courts Act Section 18 Declaratory Relief Ad Factum Praestandum Ad Pecuniam Solvendam

Source-derived case record

Summary, issues, holding and outcome

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Parties

Road Traffic Management Corporation

Appellant

Tasima (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Labour Court Order Under Section 18(3) of the Superior Courts Act

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction under section 18(3) of the Superior Courts Act to grant consequential relief beyond declaratory relief pending appeal.
  2. 2 Whether the requirements for reversing the ordinary rule of suspension of operation and execution of the declaratory order were met.
  3. 3 Whether the declaratory order necessarily implied consequential relief compelling transfer of employees and payment of remuneration.

Ratio Decidendi

The Labour Appeal Court held that the only extant order after its previous variation was a declaratory order that the contracts of employment of the employees transferred from Tasima to the RTMC in accordance with section 197 of the Labour Relations Act. The Labour Court erred in granting consequential relief compelling the RTMC to accept the employees and pay remuneration, as neither the Labour Court nor the Labour Appeal Court had granted such relief. Execution under section 18(3) of the Superior Courts Act can only be granted in respect of the extant declaratory order, not consequential relief. Furthermore, the identities and entitlements of the employees were not definitively...

Court Disposition

Appeal upheld; Labour Court order set aside and substituted with dismissal of the application; costs awarded to appellant.

Orders

  • The appeal in terms of section 18(4) of the Superior Courts Act is upheld.
  • The order of the Labour Court is set aside and substituted with an order dismissing the application.