Chubb Security SA (Pty) Ltd t/a Chubb Electronics Security v Commission for Conciliation Mediation and Arbitration and Others (JR 58/05) [2010] ZALC 266 (15 January 2010)

Chubb Security SA (Pty) Ltd t/a Chubb Electronics Security v Commission for Conciliation Mediation and Arbitration and Others (JR 58/05) [2010] ZALC 266 (15 January 2010)

The court found that the commissioner failed to decide the point in limine regarding jurisdiction, which constituted a gross irregularity. The evidence showed that the fourth respondent alleged dismissal for union activities, making it an automatically unfair dismissal. According to the LRA, such disputes fall within the exclusive jurisdiction of the Labour Court. The commissioner exceeded his powers by arbitrating the dispute and issuing an award. Consequently, the arbitration award was reviewed and set aside, and substituted with an order that the CCMA had no jurisdiction to arbitrate the dispute.

Citation
[2010] ZALC 266
Parties
Applicant: Chubb Security SA (Pty) Ltd t/a Chubb Electronics Security; Respondent: Commission for Conciliation Mediation and Arbitration (CCMA); Respondent: Commissioner N Mbelengwa; Respondent: South African Transport and Allied Workers Union (SATAWU); Respondent: Hlayisane Shadrack Motaung
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 January 2010
Case Number
JR 58/05
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review granted; arbitration award reviewed and set aside; CCMA found to have no jurisdiction.
Judges
Nyathela AJ
Legal Topics
Automatically Unfair Dismissal, Jurisdiction of Ccma, Review of Arbitration Award, Gross Irregularity, Union Activities, Procedural Fairness
Labour Law Civil Procedure Automatically Unfair Dismissal Jurisdiction of Ccma Review of Arbitration Award Gross Irregularity Union Activities Procedural Fairness

Case Brief

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Parties

Chubb Security SA (Pty) Ltd t/a Chubb Electronics Security

Applicant

Commission for Conciliation Mediation and Arbitration (CCMA)

Respondent

Commissioner N Mbelengwa

Respondent

South African Transport and Allied Workers Union (SATAWU)

Respondent

Hlayisane Shadrack Motaung

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to arbitrate a dispute concerning an automatically unfair dismissal for union activities.
  2. 2 Whether the commissioner committed a gross irregularity by failing to decide the point in limine regarding jurisdiction.
  3. 3 Whether the arbitration award should be reviewed and set aside.

Ratio Decidendi

The court found that the commissioner failed to decide the point in limine regarding jurisdiction, which constituted a gross irregularity. The evidence showed that the fourth respondent alleged dismissal for union activities, making it an automatically unfair dismissal. According to the LRA, such disputes fall within the exclusive jurisdiction of the Labour Court. The commissioner exceeded his powers by arbitrating the dispute and issuing an award. Consequently, the arbitration award was reviewed and set aside, and substituted with an order that the CCMA had no jurisdiction to arbitrate the dispute.

Court Disposition

Application for review granted; arbitration award reviewed and set aside; CCMA found to have no jurisdiction.

Orders

  • The award issued by the second respondent under case number GA 23309-03 dated 13 December 2004 is reviewed and set aside.
  • The award is substituted with an order that the CCMA has no jurisdiction to arbitrate the dispute.