Shitridge v Metal and Engineering Industries Bargaining Council and Others (JR1551/2006) [2007] ZALCJHB 7 (15 June 2007)

Shitridge v Metal and Engineering Industries Bargaining Council and Others (JR1551/2006) [2007] ZALCJHB 7 (15 June 2007)

The court held that the application was fatally defective as it was brought under section 145 of the Labour Relations Act, which only permits the review of arbitration awards and not settlement agreements unless they have been made arbitration awards under section 142A. There was no evidence that the settlement agreement in question had been made an arbitration award. Furthermore, the applicant failed to join other parties affected by the agreement, which is a procedural requirement. Even if condonation for late filing were granted, these substantive and procedural defects precluded the granting of relief. The applicant's proper recourse is against the union that purported to act on his...

Citation
[2007] ZALCJHB 7
Parties
Applicant: Vincent Shortridge; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: A Gevison N.O.; Respondent: Jetmaster (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 June 2007
Case Number
JR1551/2006
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Ngalwana AJ
Legal Topics
Review of Settlement Agreement, Authority of Union, Joinder of Parties, Condonation, Section 145 Lra
Labour Law Civil Procedure Review of Settlement Agreement Authority of Union Joinder of Parties Condonation Section 145 Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Vincent Shortridge

Applicant

Metal and Engineering Industries Bargaining Council

Respondent

A Gevison N.O.

Respondent

Jetmaster (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the application for review and setting aside of the settlement agreement is properly brought under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant authorised the union to conclude the settlement agreement on his behalf.
  3. 3 Whether the failure to join other affected parties renders the application defective.

Ratio Decidendi

The court held that the application was fatally defective as it was brought under section 145 of the Labour Relations Act, which only permits the review of arbitration awards and not settlement agreements unless they have been made arbitration awards under section 142A. There was no evidence that the settlement agreement in question had been made an arbitration award. Furthermore, the applicant failed to join other parties affected by the agreement, which is a procedural requirement. Even if condonation for late filing were granted, these substantive and procedural defects precluded the granting of relief. The applicant's proper recourse is against the union that purported to act on his...

Court Disposition

Application dismissed.

Orders

  • The application for the review and setting aside of the settlement agreement under section 145 of the Labour Relations Act is dismissed.
  • No order as to costs.