Sneller Verbatim/MLS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J 4195/01
2002-08-01
In the matter between
BERNARD MOEKETSI Applicant
and
JULES SAUCE Respondent
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J U D G M E N T
EX TEMPORE
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REVELAS J:
1. On 2 August 2001 an arbitration award was made in favour of the
applicant in that the first respondent, Jules Sauce, was ordered to
pay the applicant an amount equivalent to 12 months' wages as
compensation which total R20 799,98. This was calculated on
the applicant's weekly wages of R400 which he received at the
time of his dismissal.
1. 2. The award was made an order of court and when the applicant
attempted to satisfy the court order it was established that
execution of it could not take place against Mr Sauce as it was
not established that he dismissed the applicant in the first place.
1. 3. The party sought to be joined in this matter was not once
mentioned during the arbitration proceedings, nor was it
referred to in any of the documentation. After judgment had been
given, such a party should not, in my view, be joined as a party
to proceedings.
4. I may make a declarator, for instance, to the effect that Mr Sauce
was also trading as the party sought to be joined or that he was
at least a director but unfortunately the applicant has put forward
no such facts before me.
5. In the circumstances the application for a joinder must fail.
There is no order as to costs.
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E. Revelas