Close v SHINN FU (Pty) Ltd SA and Others (JR 1092/02) [2004] ZALC 17 (13 February 2004)

Close v SHINN FU (Pty) Ltd SA and Others (JR 1092/02) [2004] ZALC 17 (13 February 2004)

The Labour Court found that the CCMA commissioner failed to consider the applicant's answering affidavit and the first respondent's replying affidavit, both of which were material to the jurisdictional point in limine. The commissioner's statement that the applicant had not filed a reply was factually incorrect, and this omission constituted a reviewable irregularity. The Court held that the commissioner misapplied the CCMA Rules and failed to properly assess whether the applicant was an employee under section 213 of the Labour Relations Act. The review application was the appropriate remedy, as the ruling was not granted by default and the irregularity was substantive. The Court...

Citation
[2004] ZALC 17
Parties
Applicant: Alfred Spencer Close; Respondent: SHINN FU (Pty) Ltd SA; Respondent: Zwane Buti; Respondent: The Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
13 February 2004
Case Number
JR 1092/02
Procedural Posture
Review Application / Judgment on Review of CCMA Jurisdictional Ruling
Outcome
The commissioner's ruling is rescinded and set aside; the dispute is referred back to the CCMA for reconsideration; no order as to costs.
Judges
Ndlovu
Legal Topics
Jurisdiction of Ccma, Definition of Employee, Review of Commissioner Ruling, Section 213 Lra, Section 158 1 G Lra
Labour Law Civil Procedure Jurisdiction of Ccma Definition of Employee Review of Commissioner Ruling Section 213 Lra Section 158 1 G Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Alfred Spencer Close

Applicant

SHINN FU (Pty) Ltd SA

Respondent

Zwane Buti

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA commissioner erred in ruling that the applicant was not an employee under section 213 of the Labour Relations Act.
  2. 2 Whether the commissioner failed to consider material affidavits submitted by the applicant and first respondent.
  3. 3 Whether the review application was the appropriate remedy for the applicant.

Ratio Decidendi

The Labour Court found that the CCMA commissioner failed to consider the applicant's answering affidavit and the first respondent's replying affidavit, both of which were material to the jurisdictional point in limine. The commissioner's statement that the applicant had not filed a reply was factually incorrect, and this omission constituted a reviewable irregularity. The Court held that the commissioner misapplied the CCMA Rules and failed to properly assess whether the applicant was an employee under section 213 of the Labour Relations Act. The review application was the appropriate remedy, as the ruling was not granted by default and the irregularity was substantive. The Court...

Court Disposition

The commissioner's ruling is rescinded and set aside; the dispute is referred back to the CCMA for reconsideration; no order as to costs.

Orders

  • The ruling issued by the commissioner on 13 May 2002 under Case No. GA2243-01 is rescinded and set aside.
  • The dispute between the applicant and the first respondent is referred back to the CCMA for the commissioner, or another appointed by the CCMA, to reconsider the first respondent's point in limine in light of this judgment.