Amalungelo Worker's Union obo Mayisela and Others v Commission for Conciliation, Mediation and Arbitration (JA 07/21) [2021] ZALAC 55; (2022) 43 ILJ 600 (LAC) (29 November 2021)

Amalungelo Worker's Union obo Mayisela and Others v Commission for Conciliation, Mediation and Arbitration (JA 07/21) [2021] ZALAC 55; (2022) 43 ILJ 600 (LAC) (29 November 2021)

The Labour Appeal Court held that the act or omission giving rise to the dispute occurred in or before April 2017, when the appellant employees were not made permanent and were offered fixed-term contracts. The referral to the CCMA was made more than six months after this act or omission, and no condonation was...

Source-derived case information.

Citation
[2021] ZALAC 55
Parties
Appellant: Amalungelo Worker's Union obo Mayisela and 29 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Elizabeth Lerumo N.O.; Respondent: Unilever South Africa (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
29 November 2021
Case Number
JA 07/21
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Awards
Outcome
Appeal dismissed; no costs order.
Judges
Davis JA, Coppin JA, Kubushi AJA
Legal Topics
Fixed Term Contracts, Jurisdiction of Ccma, Late Referral Condonation, Section 198b Lra, Arbitration Awards, Continuing Wrong
Labour Law Fixed Term Contracts Jurisdiction of Ccma Late Referral Condonation Section 198b Lra Arbitration Awards Continuing Wrong

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Summary, issues, holding and outcome

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Parties

Amalungelo Worker's Union obo Mayisela and 29 Others

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

Elizabeth Lerumo N.O.

Respondent

Unilever South Africa (Pty) Ltd

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Awards

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to arbitrate the dispute referred to the CCMA more than six months after the act or omission concerned without condonation.
  2. 2 Whether the arbitrator had the power to award payments and benefits not specifically requested in the referral form.
  3. 3 Whether the dispute constituted a 'continuing wrong' for purposes of time limits under section 198D of the LRA.

Ratio Decidendi

The Labour Appeal Court held that the act or omission giving rise to the dispute occurred in or before April 2017, when the appellant employees were not made permanent and were offered fixed-term contracts. The referral to the CCMA was made more than six months after this act or omission, and no condonation was sought or granted. Section 198D(3) of the LRA requires referral within six months of the act or omission, not its consequences. The argument that the dispute was a continuing wrong was rejected, as the ongoing effects do not constitute new acts or omissions for jurisdictional purposes. The arbitrator and CCMA therefore lacked jurisdiction to entertain the dispute, and the Labour...

Court Disposition

Appeal dismissed; no costs order.

Orders

  • The appeal is dismissed.
  • There is no costs order.