THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG
Not reportable
Case No : JS342/24
In the matter between:
MASILONYANE CRISPIN RAMATELETSE Applicant
and
MARSHAL NIGHTS SECURITY SERVICES Respondent
Considered: In chambers
Delivered: 7 May 2025 (This judgment was handed down electronically by
circulation to the parties’ legal representatives by email, publication on the
Labour Court website and release to SAFLII. The date and time for handing -
down is deemed to be 10h00 on 7 May 2025.)
JUDGMENT
PHEHANE , J
[1] This is a default judgment application in which the plaintiff seeks
compensation for procedural and substantive unfairness arising out of his dismissal
for operational requirements .
[2] The plaintiff referred an unfair dismissal dispute to the Commission for
Conciliation, Mediation and Arbitration (CCMA). The outcome of his referral to the CCMA was a settlement agreement facilitated by the CCMA and concluded on 15 April 2024.
1
[3] In his statement of claim, the plaintiff avers that the settlement agreement
does not compensate him for procedural and substantive unfairness.
[4] The settlement agreement is in full and final settlement of the plaintiff’ s unfair
dismissal dispute referred to the CCMA. In the circumstances, the matter is res judicata.
[5] In view of the aforegoing, the following order is made:
Order
1. The plaintiff’s claim is dismissed.
2. There is no order as to costs.
M. T. M. Phehane
Judge of the Labour Court of South Africa
1 Pleadings, pp 12 to 14.