Chubb Security SA (Pty) t/a Chubb Electronics Security v CCMA and Others (JR58/05) [2010] ZALCJHB 74 (15 January 2010)

Chubb Security SA (Pty) t/a Chubb Electronics Security v CCMA and Others (JR58/05) [2010] ZALCJHB 74 (15 January 2010)

The court found that the commissioner failed to decide the point in limine regarding jurisdiction, which constituted a gross irregularity. The commissioner erroneously proceeded to arbitrate a dispute concerning an automatically unfair dismissal, which falls outside the CCMA's jurisdiction. The Labour Relations Act clearly stipulates that such disputes must be referred to the Labour Court. As a result, the arbitration award was reviewed and set aside, and it was ordered that the CCMA had no jurisdiction to arbitrate the dispute.

Citation
[2010] ZALCJHB 74
Parties
Applicant: Chubb Security SA (Pty) Ltd t/a Chubb Electronic Security; Respondent: CCMA; Respondent: Commissioner N Mbelengwa; Respondent: SATAWU; Respondent: Hlayisane Shadrack Motaung
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 January 2010
Case Number
JR58/05
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
The review application succeeded. The arbitration award was reviewed and set aside. The CCMA was found to have no jurisdiction to arbitrate the dispute.
Judges
Nyathela AJ
Legal Topics
Automatically Unfair Dismissal, Jurisdiction of Ccma, Review of Arbitration Award, Union Activities, Procedural Fairness
Labour Law Automatically Unfair Dismissal Jurisdiction of Ccma Review of Arbitration Award Union Activities Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

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

Applicant

CCMA

Respondent

Commissioner N Mbelengwa

Respondent

SATAWU

Respondent

Hlayisane Shadrack Motaung

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA 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 commissioner erroneously proceeded to arbitrate a dispute concerning an automatically unfair dismissal, which falls outside the CCMA's jurisdiction. The Labour Relations Act clearly stipulates that such disputes must be referred to the Labour Court. As a result, the arbitration award was reviewed and set aside, and it was ordered that the CCMA had no jurisdiction to arbitrate the dispute.

Court Disposition

The review application succeeded. The arbitration award was reviewed and set aside. The CCMA was found to have no jurisdiction to arbitrate the dispute.

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.