Mutliquip (Pty) Ltd and Another v National Union of Metal Workers of South Africa (NUMSA) and Others (D477/20)
Mutliquip (Pty) Ltd and Another v National Union of Metal Workers of South Africa (NUMSA) and Others (D477/20) [2021] ZALCD 67 (17 August 2021)
The Labour Court does not have the power to declare its own previous orders a nullity except in narrowly defined circumstances such as fraud or justus error, neither of which were pleaded or proven by the applicants. The applicants failed to identify any right under the LRA or common law to sustain their claim for rescission. Policy considerations, including the need for finality in labour disputes and the accountability of counsel, preclude reopening settled litigation. The compromise reached by settlement agreement terminated any original rights or defences, and the applicants cannot now ra…
Source excerpt
- Rescission Of Judgment
- Settlement Agreement
- Trade Union Representation
- Justus Error
- Compromise Of Rights