Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022) [2024] ZALAC 15; (2024) 45 ILJ 1541 (LAC); [2024] 8 BLLR 866 (LAC) (23 April 2024)

Bata SA (Pty) Limited and Another v SACTWU obo Members and Others (DA4/2022) [2024] ZALAC 15; (2024) 45 ILJ 1541 (LAC); [2024] 8 BLLR 866 (LAC) (23 April 2024)

The Labour Appeal Court held that section 198D of the Labour Relations Act does not empower the CCMA to grant substantive relief such as monetary awards or quantification of back pay in disputes concerning less favourable treatment of deemed employees. The section is intended to provide a process for determining the status of employment relationships and for granting declaratory relief regarding whether employees are deemed employees of the client and whether they have been treated less favourably. Once such declaratory relief is granted, aggrieved employees may pursue further remedies, including claims for unfair dismissal or unfair labour practices, under other provisions of the LRA or...

Citation
[2024] ZALAC 15
Parties
Appellant: BATA SA (PTY) LIMITED; Appellant: SCRIBANTE LABOUR CONSULTANTS; Respondent: SACTWU obo MEMBERS; Respondent: LISA WILLIAMS DE BEER N.O; Respondent: THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
23 April 2024
Case Number
DA4/2022
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award; Appeal Heard and Decided by Labour Appeal Court
Outcome
Appeal upheld; Labour Court order replaced. Application to review and set aside the CCMA award is refused. No order as to costs.
Judges
Waglay JP, Coppin JA, Savage AJA
Legal Topics
Temporary Employment Services, Deemed Employment, Unequal Treatment, Ccma Jurisdiction, Labour Relations Act Interpretation
Labour Law Temporary Employment Services Deemed Employment Unequal Treatment Ccma Jurisdiction Labour Relations Act Interpretation

Case Brief

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Parties

BATA SA (PTY) LIMITED

Appellant

SCRIBANTE LABOUR CONSULTANTS

Appellant

SACTWU obo MEMBERS

Respondent

LISA WILLIAMS DE BEER N.O

Respondent

THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside CCMA Arbitration Award; Appeal Heard and Decided by Labour Appeal Court

Legal Issues

  1. 1 Does section 198D of the Labour Relations Act empower a CCMA commissioner to grant substantive relief, including monetary awards, in disputes concerning less favourable treatment of deemed employees?
  2. 2 Can dismissed employees seek relief under section 198D after the employment relationship has ended, or is relief limited to current employees only?
  3. 3 Is the CCMA's jurisdiction under section 198D limited to declaratory relief, or does it extend to quantification of back pay and other remedies?

Ratio Decidendi

The Labour Appeal Court held that section 198D of the Labour Relations Act does not empower the CCMA to grant substantive relief such as monetary awards or quantification of back pay in disputes concerning less favourable treatment of deemed employees. The section is intended to provide a process for determining the status of employment relationships and for granting declaratory relief regarding whether employees are deemed employees of the client and whether they have been treated less favourably. Once such declaratory relief is granted, aggrieved employees may pursue further remedies, including claims for unfair dismissal or unfair labour practices, under other provisions of the LRA or...

Court Disposition

Appeal upheld; Labour Court order replaced. Application to review and set aside the CCMA award is refused. No order as to costs.

Orders

  • Condonation for the late filing of the record is granted and the appeal is reinstated.
  • The appeal is upheld and the order of the Labour Court is replaced with the following order: 'The application to review and set aside the award handed down by the CCMA is refused with no order as to costs.'