Straub v Barrow NO and Another (C395/00) [2001] ZALC 33; [2001] 6 BLLR 679 (LC); (2001) 22 ILJ 1416 (LC) (1 March 2001)

Straub v Barrow NO and Another (C395/00) [2001] ZALC 33; [2001] 6 BLLR 679 (LC); (2001) 22 ILJ 1416 (LC) (1 March 2001)

The court found that the respondents, as trustees of the Barrow Family Trust, were properly before the court despite initial citation errors. The defence of lis alibi pendens was dismissed because the previous litigation in the Magistrate's Court had been resolved: the applicant withdrew her claim, the respondents' costs were taxed, and judgment was obtained on the counter-claim. The suspensive condition in the settlement agreement was interpreted to refer only to the criminal case prosecuted by the State, not any private prosecution. The withdrawal of charges by the State was deemed to fulfill the suspensive condition, as the agreement contemplated only the pending criminal case at the...

Citation
[2001] ZALC 33
Parties
Applicant: Angela Ursula Straub; Respondent: Nicolas John Barrow N.O.; Respondent: Ferda Rosa Barrow N.O.
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 March 2001
Case Number
C395/00
Procedural Posture
Urgent Application / Application to Make Settlement Agreement an Order of Court Under Section 158(1)(c) of the Labour Relations Act
Outcome
Application granted. The settlement agreement is made an order of court. Respondents to pay the applicant R7,500 and 50% of her costs.
Judges
B Waglay
Legal Topics
Settlement Agreement Enforcement, Section 158 1 C Application, Lis Alibi Pendens, Suspensive Conditions, Unfair Dismissal
Labour Law Settlement Agreement Enforcement Section 158 1 C Application Lis Alibi Pendens Suspensive Conditions Unfair Dismissal

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Parties

Angela Ursula Straub

Applicant

Nicolas John Barrow N.O.

Respondent

Ferda Rosa Barrow N.O.

Respondent

Procedural Posture

Urgent Application / Application to Make Settlement Agreement an Order of Court Under Section 158(1)(c) of the Labour Relations Act

Legal Issues

  1. 1 Whether the settlement agreement between the applicant and her erstwhile employer should be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the respondents were properly cited in their representative capacity as trustees of the Barrow Family Trust.
  3. 3 Whether the defence of lis alibi pendens applies due to previous litigation between the parties in the Magistrate's Court.

Ratio Decidendi

The court found that the respondents, as trustees of the Barrow Family Trust, were properly before the court despite initial citation errors. The defence of lis alibi pendens was dismissed because the previous litigation in the Magistrate's Court had been resolved: the applicant withdrew her claim, the respondents' costs were taxed, and judgment was obtained on the counter-claim. The suspensive condition in the settlement agreement was interpreted to refer only to the criminal case prosecuted by the State, not any private prosecution. The withdrawal of charges by the State was deemed to fulfill the suspensive condition, as the agreement contemplated only the pending criminal case at the...

Court Disposition

Application granted. The settlement agreement is made an order of court. Respondents to pay the applicant R7,500 and 50% of her costs.

Orders

  • The settlement agreement dated 9 November 1998 between the parties is made an order of court.
  • Respondents must pay the applicant the sum of R7,500.