Zwane v Nqatshana Holdings (Pty) Ltd (JS04/2025) [2025] ZALCJHB 220 (13 June 2025)

Zwane v Nqatshana Holdings (Pty) Ltd (JS04/2025) [2025] ZALCJHB 220 (13 June 2025)

The court found that the applicant was not a party to the settlement agreement concluded between the respondent and NUMSA, as her name did not appear in the annexure listing the employees covered by the agreement. It was common cause that she did not receive any payment under the settlement. The respondent failed to prove that the requirements for res judicata were met, as the parties were not the same and the applicant's claim had not been finally determined. Accordingly, the special plea of res judicata was dismissed.

Citation
[2025] ZALCJHB 220
Parties
Applicant: Dieketseng Minah Zwane; Respondent: Nqatshana Holdings (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 June 2025
Case Number
JS04/2025
Procedural Posture
Special Plea / Trial Judgment
Outcome
Special plea of res judicata dismissed with costs awarded to the applicant.
Judges
W Kruger
Legal Topics
Res Judicata, Settlement Agreement, Unfair Dismissal, Severance Pay, Section 189 Lra
Labour Law Res Judicata Settlement Agreement Unfair Dismissal Severance Pay Section 189 Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Dieketseng Minah Zwane

Applicant

Nqatshana Holdings (Pty) Ltd

Respondent

Procedural Posture

Special Plea / Trial Judgment

Legal Issues

  1. 1 Whether the special plea of res judicata applies to the applicant's claim.
  2. 2 Whether the applicant was a party to the prior settlement agreement relied upon by the respondent.
  3. 3 Whether the requirements for res judicata have been met in this matter.

Ratio Decidendi

The court found that the applicant was not a party to the settlement agreement concluded between the respondent and NUMSA, as her name did not appear in the annexure listing the employees covered by the agreement. It was common cause that she did not receive any payment under the settlement. The respondent failed to prove that the requirements for res judicata were met, as the parties were not the same and the applicant's claim had not been finally determined. Accordingly, the special plea of res judicata was dismissed.

Court Disposition

Special plea of res judicata dismissed with costs awarded to the applicant.

Orders

  • The special plea is dismissed.
  • The respondent must pay the applicant’s costs on a party and party scale.