Baloyi and Others v Kwathlano Shuttle & Chauffeur Service CC (JS410/2020) [2021] ZALCJHB 403 (26 October 2021)

Baloyi and Others v Kwathlano Shuttle & Chauffeur Service CC (JS410/2020) [2021] ZALCJHB 403 (26 October 2021)

The Labour Court found that no attempt was made to resolve the dispute through conciliation, as the applicants withdrew their CCMA referral and no certificate of outcome was issued. The withdrawal of the dispute meant that no live dispute remained unresolved between the parties. As neither the requirements of section 191(5) of the LRA nor section 41(8) of the BCEA were fulfilled, the Court held it had no jurisdiction to adjudicate the unfair dismissal or severance pay claims. The application was dismissed for lack of jurisdiction.

Citation
[2021] ZALCJHB 403
Parties
Applicant: John Zed Baloyi; Applicant: Nakambe Zachariah Mabulane; Applicant: Buwa Alex Mathevula; Respondent: Kwathlano Shuttle & Chauffeur Service CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 October 2021
Case Number
JS410/2020
Procedural Posture
Unfair Dismissal Application / Jurisdictional Challenge; Adjudication on Papers
Outcome
Application dismissed for lack of jurisdiction.
Judges
K Naidoo
Legal Topics
Unfair Dismissal, Retrenchment Consultation, Jurisdiction of Labour Court, Conciliation Requirement, Severance Pay
Labour Law Unfair Dismissal Retrenchment Consultation Jurisdiction of Labour Court Conciliation Requirement Severance Pay

Case Brief

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Parties

John Zed Baloyi

Applicant

Nakambe Zachariah Mabulane

Applicant

Buwa Alex Mathevula

Applicant

Kwathlano Shuttle & Chauffeur Service CC

Respondent

Procedural Posture

Unfair Dismissal Application / Jurisdictional Challenge; Adjudication on Papers

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the unfair dismissal dispute in the absence of a conciliation attempt or certificate of outcome.
  2. 2 Whether the withdrawal of the dispute at the CCMA means no live dispute remains between the parties.
  3. 3 Whether the claim for severance pay can be adjudicated without mandatory conciliation.

Ratio Decidendi

The Labour Court found that no attempt was made to resolve the dispute through conciliation, as the applicants withdrew their CCMA referral and no certificate of outcome was issued. The withdrawal of the dispute meant that no live dispute remained unresolved between the parties. As neither the requirements of section 191(5) of the LRA nor section 41(8) of the BCEA were fulfilled, the Court held it had no jurisdiction to adjudicate the unfair dismissal or severance pay claims. The application was dismissed for lack of jurisdiction.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • The Labour Court has no jurisdiction to adjudicate this dispute.
  • There is no order as to costs.