Antonio v Commission for Conciliation, Mediation and Arbitration and Others (JR1110/15) [2018] ZALCJHB 351 (30 October 2018)

Antonio v Commission for Conciliation, Mediation and Arbitration and Others (JR1110/15) [2018] ZALCJHB 351 (30 October 2018)

The court held that the applicant was employed in the Angolan branch office of Yokogawa Netherlands, a separate legal entity registered in Angola. The employment contract expressly provided that Angolan law would apply to the employment relationship. The evidence showed that the applicant's remuneration was paid by Yokogawa Netherlands and his services were rendered for its Angolan branch. The reporting lines and management structure further confirmed the separation between the South African subsidiary and the Angolan branch. Applying the principles from Astral Operations Ltd v Parry and Monare v SA Tourism, the court found that the CCMA does not have jurisdiction over disputes arising...

Citation
[2018] ZALCJHB 351
Parties
Applicant: Joaquim Domingos Antonio; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Zakhele Mhlambo; Respondent: Yokogawa South Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 October 2018
Case Number
JR1110/15
Procedural Posture
Review Application / Opposed Review of CCMA Jurisdictional Ruling
Outcome
Review application dismissed; CCMA does not have jurisdiction.
Judges
Rabkin-Naicker
Legal Topics
Jurisdiction of Ccma, Territorial Application of Lra, Employment Contract Interpretation, Choice of Law Clause
Labour Law Civil Procedure Jurisdiction of Ccma Territorial Application of Lra Employment Contract Interpretation Choice of Law Clause

Case Brief

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Parties

Joaquim Domingos Antonio

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Zakhele Mhlambo

Respondent

Yokogawa South Africa (Pty) Ltd

Respondent

Procedural Posture

Review Application / Opposed Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to hear the dispute involving an employee working for a foreign branch of a global company.
  2. 2 Whether the location of the employer's undertaking and the choice of law clause in the employment contract affect jurisdiction under the LRA.

Ratio Decidendi

The court held that the applicant was employed in the Angolan branch office of Yokogawa Netherlands, a separate legal entity registered in Angola. The employment contract expressly provided that Angolan law would apply to the employment relationship. The evidence showed that the applicant's remuneration was paid by Yokogawa Netherlands and his services were rendered for its Angolan branch. The reporting lines and management structure further confirmed the separation between the South African subsidiary and the Angolan branch. Applying the principles from Astral Operations Ltd v Parry and Monare v SA Tourism, the court found that the CCMA does not have jurisdiction over disputes arising...

Court Disposition

Review application dismissed; CCMA does not have jurisdiction.

Orders

  • The review application is dismissed.
  • There is no order as to costs.