Chemical Workers Industrial Union v Darmag Industries (Pty) Ltd (P42/98) [1998] ZALC 78 (1 October 1998)

Chemical Workers Industrial Union v Darmag Industries (Pty) Ltd (P42/98) [1998] ZALC 78 (1 October 1998)

The Labour Court lacks jurisdiction to hear the dispute regarding the twenty-two employees dismissed in March 1997 because no proper referral for conciliation was made and no conciliation occurred as required by the LRA. The second referral and subsequent conciliation only concerned the seventeen employees dismissed in June 1997. The applicant unreasonably delayed the referral of the dispute concerning these seventeen employees to the Labour Court, and in the absence of an application for condonation, the application cannot proceed. The referral to arbitration does not, at this stage, warrant dismissal of the application, but the applicant must clarify the procedural route taken. The...

Citation
[1998] ZALC 78
Parties
Applicant: Chemical Workers Industrial Union; Respondent: Darmag Industries (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 October 1998
Case Number
P42/98
Procedural Posture
Urgent Application / Points in Limine; Jurisdiction and Delay
Outcome
Application dismissed due to lack of jurisdiction and unreasonable delay; points in limine upheld.
Judges
Revelas
Legal Topics
Unfair Dismissal, Jurisdiction of Labour Court, Condonation for Late Referral, Conciliation Procedure, Operational Requirements Dismissal
Labour Law Civil Procedure Unfair Dismissal Jurisdiction of Labour Court Condonation for Late Referral Conciliation Procedure Operational Requirements Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Chemical Workers Industrial Union

Applicant

Darmag Industries (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Points in Limine; Jurisdiction and Delay

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to hear the dispute regarding the twenty-two employees dismissed in March 1997.
  2. 2 Whether the applicant unreasonably delayed the referral of the dispute concerning the seventeen employees dismissed in June 1997.
  3. 3 Whether the dispute was properly before the Labour Court given the referral to arbitration.

Ratio Decidendi

The Labour Court lacks jurisdiction to hear the dispute regarding the twenty-two employees dismissed in March 1997 because no proper referral for conciliation was made and no conciliation occurred as required by the LRA. The second referral and subsequent conciliation only concerned the seventeen employees dismissed in June 1997. The applicant unreasonably delayed the referral of the dispute concerning these seventeen employees to the Labour Court, and in the absence of an application for condonation, the application cannot proceed. The referral to arbitration does not, at this stage, warrant dismissal of the application, but the applicant must clarify the procedural route taken. The...

Court Disposition

Application dismissed due to lack of jurisdiction and unreasonable delay; points in limine upheld.

Orders

  • The Labour Court lacks jurisdiction to entertain the application regarding the twenty-two employees dismissed in March 1997.
  • The application concerning the seventeen employees dismissed in June 1997 is dismissed due to unreasonable delay and absence of condonation.