SATAWU obo Members v Electronic Toll Collection (Pty) Ltd (J 2590/16) [2019] ZALCJHB 68 (27 March 2019)

SATAWU obo Members v Electronic Toll Collection (Pty) Ltd (J 2590/16) [2019] ZALCJHB 68 (27 March 2019)

The Labour Court found that the settlement agreement in question related to a dispute referred to the CCMA in terms of section 22(4) of the LRA, which concerns organisational rights. Section 158(1A) excludes such disputes from being made orders of court under section 158(1)(c), as they cannot be referred to arbitration. The court relied on the Labour Appeal Court's interpretation that only agreements arising from disputes that may be referred to arbitration or the Labour Court are eligible. Consequently, the applicant's application to make the settlement agreement an order of court was dismissed.

Citation
[2019] ZALCJHB 68
Parties
Applicant: SATAWU obo Members; Respondent: Electronic Toll Collection (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 March 2019
Case Number
J 2590/16
Procedural Posture
Urgent Application / Application to Make Settlement Agreement an Order of Court Under Section 158(1)(c) of the Lra.
Outcome
Application dismissed.
Judges
Mahosi
Legal Topics
Settlement Agreement Enforcement, Organisational Rights, Jurisdiction of Labour Court, Referral to Arbitration
Labour Law Civil Procedure Settlement Agreement Enforcement Organisational Rights Jurisdiction of Labour Court Referral to Arbitration

Case Brief

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Parties

SATAWU obo Members

Applicant

Electronic Toll Collection (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Settlement Agreement an Order of Court Under Section 158(1)(c) of the Lra.

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to make the CCMA settlement agreement an order of court under section 158(1)(c) of the LRA.
  2. 2 Whether the settlement agreement is valid and enforceable.
  3. 3 Whether the dispute falls within the scope of section 158(1A) of the LRA.

Ratio Decidendi

The Labour Court found that the settlement agreement in question related to a dispute referred to the CCMA in terms of section 22(4) of the LRA, which concerns organisational rights. Section 158(1A) excludes such disputes from being made orders of court under section 158(1)(c), as they cannot be referred to arbitration. The court relied on the Labour Appeal Court's interpretation that only agreements arising from disputes that may be referred to arbitration or the Labour Court are eligible. Consequently, the applicant's application to make the settlement agreement an order of court was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application to make the CCMA settlement agreement under case number GAJB2054-16 an order of the court is dismissed.
  • There is no order as to costs.