Chelemu v Commission for Conciliation Mediation and Arbitration and Others (JR1232/13) [2014] ZALCJHB 301 (6 August 2014)

Chelemu v Commission for Conciliation Mediation and Arbitration and Others (JR1232/13) [2014] ZALCJHB 301 (6 August 2014)

The applicant misconceived the nature of the review remedy by relying on reasonableness rather than correctness. The existence of a dismissal is a jurisdictional fact for the CCMA, and the Labour Court's function is to determine whether such facts objectively exist. The applicant failed to address the correct legal principles and did not scrutinize the facts relevant to constructive dismissal. The application was therefore dismissed for failing to make out a proper case for review on the correct legal basis.

Citation
[2014] ZALCJHB 301
Parties
Applicant: Khethiwe Chelemu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mapalo Tsatsimpe N.O; Respondent: Times Media Group (Pty) Ltd t/a Sunday World
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 August 2014
Case Number
JR1232/13
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Jurisdiction of Ccma, Constructive Dismissal, Review of Arbitration Award
Labour Law Civil Procedure Jurisdiction of Ccma Constructive Dismissal Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Khethiwe Chelemu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mapalo Tsatsimpe N.O

Respondent

Times Media Group (Pty) Ltd t/a Sunday World

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to entertain the dispute based on the existence of a dismissal.
  2. 2 Whether the arbitrator's decision was correct in law regarding constructive dismissal.
  3. 3 Whether the applicant's review application was premised on the correct legal basis.

Ratio Decidendi

The applicant misconceived the nature of the review remedy by relying on reasonableness rather than correctness. The existence of a dismissal is a jurisdictional fact for the CCMA, and the Labour Court's function is to determine whether such facts objectively exist. The applicant failed to address the correct legal principles and did not scrutinize the facts relevant to constructive dismissal. The application was therefore dismissed for failing to make out a proper case for review on the correct legal basis.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.