Tsotetsi v Stallion Security (Pty) Ltd (J2023/08) [2009] ZALC 88; (2009) 30 ILJ 2802 (LC) (28 August 2009)

Tsotetsi v Stallion Security (Pty) Ltd (J2023/08) [2009] ZALC 88; (2009) 30 ILJ 2802 (LC) (28 August 2009)

The court found that there are reasonable prospects that the Labour Appeal Court may reach a different conclusion regarding the order making the settlement agreement an order of court. The judge acknowledged that, in exercising discretion, he may have overlooked the proper interpretation of the law concerning which agreements can be made orders of court under section 158(1)(c) of the Labour Relations Act. The judgment clarified that agreements capable of being made orders of court include those relating to disputes a party has the right to refer to the Labour Court, even if not yet referred. However, in this case, at the time the agreement was concluded, the dispute had already been...

Citation
[2009] ZALC 88
Parties
Applicant: S A Tsotetsi; Respondent: Stallion Security (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 August 2009
Case Number
J2023/08
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Order Setting Aside Writ of Execution and Making Settlement Agreement an Order of Court.
Outcome
Leave to appeal against the order making the settlement agreement an order of court is granted.
Judges
Molahlehi
Legal Topics
Settlement Agreement, Leave to Appeal, Unfair Dismissal, Writ of Execution
Labour Law Civil Procedure Settlement Agreement Leave to Appeal Unfair Dismissal Writ of Execution

Case Brief

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Parties

S A Tsotetsi

Applicant

Stallion Security (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Order Setting Aside Writ of Execution and Making Settlement Agreement an Order of Court.

Legal Issues

  1. 1 Whether the settlement agreement could properly be made an order of court under section 158(1)(c) of the Labour Relations Act.
  2. 2 Whether the applicant forfeited his right to enforce the arbitration award after accepting the settlement.
  3. 3 Whether there are reasonable prospects that another court may reach a different conclusion regarding the order granted.

Ratio Decidendi

The court found that there are reasonable prospects that the Labour Appeal Court may reach a different conclusion regarding the order making the settlement agreement an order of court. The judge acknowledged that, in exercising discretion, he may have overlooked the proper interpretation of the law concerning which agreements can be made orders of court under section 158(1)(c) of the Labour Relations Act. The judgment clarified that agreements capable of being made orders of court include those relating to disputes a party has the right to refer to the Labour Court, even if not yet referred. However, in this case, at the time the agreement was concluded, the dispute had already been...

Court Disposition

Leave to appeal against the order making the settlement agreement an order of court is granted.

Orders

  • Condonation for the late filing of the leave to appeal application is granted.
  • Leave to appeal to the Labour Appeal Court is granted.