Communication Workers Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1354/03) [2008] ZALCJHB 21 (18 April 2008)

Communication Workers Union and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1354/03) [2008] ZALCJHB 21 (18 April 2008)

The Labour Court found that the Commissioner misconceived his duties by relying on an alleged agreement between the parties regarding the nature of the dispute and by failing to determine the true nature of the dispute himself. The evidence, including the charge sheet and disciplinary hearing documents, indicated that the applicants were dismissed for misconduct, not for participation in an unprotected strike. The Commissioner’s conclusion was irrational and unsupported by the evidence. The Court also found that, despite the unsatisfactory explanation for the delay, condonation for the late filing of the review application should be granted due to the prospects of success and potential...

Citation
[2008] ZALCJHB 21
Parties
Applicant: Communication Workers Union; Applicant: MK Chabangu & 4 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Eric Louw; Respondent: SA Post Office Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 April 2008
Case Number
JR1354/03
Procedural Posture
Review Application / Judgment on Review of CCMA Jurisdictional Ruling
Outcome
Application for review granted; CCMA jurisdictional ruling set aside; matter referred back for arbitration before a different Commissioner; condonation for late filing granted; no order as to costs.
Judges
AC Basson
Legal Topics
Ccma Jurisdiction, Unfair Dismissal, Condonation, Misconduct Vs Strike, Review of Arbitration Award
Labour Law Ccma Jurisdiction Unfair Dismissal Condonation Misconduct Vs Strike Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Communication Workers Union

Applicant

MK Chabangu & 4 Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Eric Louw

Respondent

SA Post Office Limited

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA Commissioner correctly determined jurisdiction regarding the unfair dismissal dispute.
  2. 2 Whether the Commissioner failed to apply his mind by relying on an alleged agreement between the parties.
  3. 3 Whether the true nature of the dispute was misconduct or participation in an unprotected strike.

Ratio Decidendi

The Labour Court found that the Commissioner misconceived his duties by relying on an alleged agreement between the parties regarding the nature of the dispute and by failing to determine the true nature of the dispute himself. The evidence, including the charge sheet and disciplinary hearing documents, indicated that the applicants were dismissed for misconduct, not for participation in an unprotected strike. The Commissioner’s conclusion was irrational and unsupported by the evidence. The Court also found that, despite the unsatisfactory explanation for the delay, condonation for the late filing of the review application should be granted due to the prospects of success and potential...

Court Disposition

Application for review granted; CCMA jurisdictional ruling set aside; matter referred back for arbitration before a different Commissioner; condonation for late filing granted; no order as to costs.

Orders

  • Condonation for the late filing of the review application is granted.
  • The ruling made by the Second Respondent dated 18 December 2002 is reviewed and set aside.