Tekwini Security Services CC v Mavana (D87/97) [1999] ZALC 38 (12 March 1999)

Tekwini Security Services CC v Mavana (D87/97) [1999] ZALC 38 (12 March 1999)

The court found that the applicant had not complied with the settlement agreement, as the payment made to the respondent was for work performed and not part of the two months' salary contemplated in the agreement. The transfer of business from Protector CC to the applicant triggered section 197 of the Labour Relations Act, resulting in the respondent's employment contract being transferred to the applicant. The respondent was therefore entitled to the benefits under the settlement agreement. However, the applicant demonstrated a bona fide defence regarding the order to re-employ the respondent, as it had attempted to give her preference for employment and provided evidence in its replying...

Citation
[1999] ZALC 38
Parties
Applicant: Tekwini Security Services CC; Respondent: N. P. Mavana
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 March 1999
Case Number
D87/97
Procedural Posture
Rescission Application / Judgment on Application for Rescission of Order
Outcome
The application for rescission of the order making the settlement agreement an order of court is dismissed. The order requiring re-employment of the respondent is rescinded, and the applicant is granted leave to oppose that aspect.
Judges
R. M. M. Zondo
Legal Topics
Transfer of Business, Section 197 Lra, Settlement Agreement, Employment Relationship, Rescission of Order
Labour Law Transfer of Business Section 197 Lra Settlement Agreement Employment Relationship Rescission of Order

Case Brief

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Parties

Tekwini Security Services CC

Applicant

N. P. Mavana

Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission of Order

Legal Issues

  1. 1 Whether the applicant complied with the settlement agreement made an order of court.
  2. 2 Whether the applicant was obliged to re-employ the respondent in terms of the settlement agreement.
  3. 3 Whether the applicant has shown sufficient grounds for rescission of the order requiring re-employment of the respondent.

Ratio Decidendi

The court found that the applicant had not complied with the settlement agreement, as the payment made to the respondent was for work performed and not part of the two months' salary contemplated in the agreement. The transfer of business from Protector CC to the applicant triggered section 197 of the Labour Relations Act, resulting in the respondent's employment contract being transferred to the applicant. The respondent was therefore entitled to the benefits under the settlement agreement. However, the applicant demonstrated a bona fide defence regarding the order to re-employ the respondent, as it had attempted to give her preference for employment and provided evidence in its replying...

Court Disposition

The application for rescission of the order making the settlement agreement an order of court is dismissed. The order requiring re-employment of the respondent is rescinded, and the applicant is granted leave to oppose that aspect.

Orders

  • The application for rescission of the order making the settlement agreement an order of court is dismissed.
  • The part of the order requiring the applicant to re-employ the respondent is rescinded.