Van Schoor and Others v Minnie and Others (3735/2006) [2006] ZAFSHC 132 (23 November 2006)

Van Schoor and Others v Minnie and Others (3735/2006) [2006] ZAFSHC 132 (23 November 2006)

The court held that it has jurisdiction to hear the matter, as the applicants' claim is based on contract and not on rights created by the Labour Relations Act or Basic Conditions of Employment Act. However, the applicants failed to establish a prima facie right to the interim interdict sought. The employment...

Source-derived case information.

Citation
[2006] ZAFSHC 132
Parties
Applicant: S Van Schoor and 22 Others; Respondent: Mr. Minnie; Respondent: Mr. Leeto; Respondent: The Municipal Manager of the Matjhabeng Municipality; Respondent: The Matjhabeng Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
23 November 2006
Case Number
3735/2006
Procedural Posture
Urgent Application / Application for Interim Interdict
Outcome
Application dismissed with costs.
Judges
Van der Merwe
Legal Topics
Employment Contracts, Interim Interdict, Jurisdiction of High Court, Tacit Terms, Variation of Conditions of Service
Labour Law Civil Procedure Employment Contracts Interim Interdict Jurisdiction of High Court Tacit Terms Variation of Conditions of Service

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Summary, issues, holding and outcome

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Parties

S Van Schoor and 22 Others

Applicant

Mr. Minnie

Respondent

Mr. Leeto

Respondent

The Municipal Manager of the Matjhabeng Municipality

Respondent

The Matjhabeng Municipality

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict

Legal Issues

  1. 1 Whether the High Court has jurisdiction to adjudicate the dispute regarding alleged unilateral variation of employment contracts by the municipality.
  2. 2 Whether the applicants have established a prima facie right to an interim interdict preventing the respondents from implementing changes to shift systems, overtime, and station allocation.
  3. 3 Whether the alleged terms regarding shift system, overtime, and station allocation form part of the applicants' employment contracts as express or tacit terms.

Ratio Decidendi

The court held that it has jurisdiction to hear the matter, as the applicants' claim is based on contract and not on rights created by the Labour Relations Act or Basic Conditions of Employment Act. However, the applicants failed to establish a prima facie right to the interim interdict sought. The employment contracts, as evidenced by the letters of appointment, do not contain express or tacit terms guaranteeing the three-shift system, specific overtime hours, or station allocation. The flexibility required for emergency services militates against the inference of such terms. The applicants did not provide sufficient evidence of how or when the alleged terms became part of their...

Court Disposition

Application dismissed with costs.

Orders

  • The application for an interim interdict is dismissed.
  • Costs are awarded against the applicants, but not on the basis of two counsel.