Sneller Verbatim/DM
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J3592/01
DATE: 2002-08-02
In the matter between
SPEARPOINT BOW TOOLS CC Applicant
and
1ST Respondent
A VULA & 7 OTHERS 2ND to further Respondents
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J U D G M E N T
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REVELAS J :
1. On 18 December 2001 the Labour Court made an order in
terms of which Spearpoint Bow Tools CC was joined as a
party in the proceedings between A Vula and 7 Others,
the applicants, and Spearco Tools CC.
1. 1. 2. Spearpoint Bow Tools CC now applies for rescission
of that order joining it as a party for, inter alia ,
the following reasons. Spearco Tools CC, the actual
former employer of the employees against whom an
arbitration order was obtained, was liquidated on 6
March 2001; it is a separate legal entity and was never
an employee of the employees. In my view, these
considerations are not applicable as grounds to rescind
an order, but what is quite plain, and that is also
stated in the founding affidavit, is that the
respondent, Spearpoint Bow Tools CC, was absent from
the proceedings due to the fact that only the applicant
was advised of the date of hearing of the matter and
not any of the respondents.
3. In these circumstances the order should be rescinded.
4. I make it plain that I make no finding as to the
liquidity or the question as to who the real employer
was; that would be to interfere with the judgment of
Jammy AJ, whose finding may only be overturned on
appeal. I therefore make it plain that this order was
granted because the respondents were absent due to the
failure on the part of the registrar to notify the
parties.
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E. Revelas