Danone Southern Africa (Pty) Ltd and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2177/16) [2017] ZALCJHB 252 (30 June 2017)

Danone Southern Africa (Pty) Ltd and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2177/16) [2017] ZALCJHB 252 (30 June 2017)

The Labour Court found that the application brought by the third respondent was fatally defective due to lack of locus standi, absence of identification and mandate of individual applicants, and improper representation. The CCMA commissioner committed misconduct and gross irregularity by consolidating disputes and granting condonation without proper basis, and by conducting his own investigations without notifying the parties, thereby violating the audi alteram partem principle. All disputes had already been disposed of and were res judicata, making the application incompetent. The commissioner failed to address critical objections and misapplied the rules regarding representation and...

Citation
[2017] ZALCJHB 252
Parties
Applicant: Danone Southern Africa (Pty) Ltd; Applicant: Capacity Outsourcing (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mohlala, A N.O.; Respondent: Casual Workers Advice Office; Respondent: Chet Chemicals (Pty) Ltd; Respondent: Povey Mulvenna Placements (Pty) Ltd t/a Khaya Employment Services; Respondent: Greys Western Star Outsourcing Group (Pty) Ltd; Respondent: Dawn Cargo (Pty) Ltd; Respondent: Molaetsa wa Botshelo Trading and Projects CC t/a Cre8work; Respondent: Matome Tlouamma and 291 Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 June 2017
Case Number
JR2177/16
Procedural Posture
Review Application / Unopposed Review of CCMA Ruling
Outcome
Application for review granted; CCMA ruling set aside and substituted with dismissal of third respondent's application.
Judges
S Snyman
Legal Topics
Ccma Review, Locus Standi, Consolidation of Disputes, Res Judicata, Representation Before Ccma, Condonation
Labour Law Civil Procedure Ccma Review Locus Standi Consolidation of Disputes Res Judicata Representation Before Ccma Condonation

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Parties

Danone Southern Africa (Pty) Ltd

Applicant

Capacity Outsourcing (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mohlala, A N.O.

Respondent

Casual Workers Advice Office

Respondent

Chet Chemicals (Pty) Ltd

Respondent

Povey Mulvenna Placements (Pty) Ltd t/a Khaya Employment Services

Respondent

Greys Western Star Outsourcing Group (Pty) Ltd

Respondent

Dawn Cargo (Pty) Ltd

Respondent

Molaetsa wa Botshelo Trading and Projects CC t/a Cre8work

Respondent

Matome Tlouamma and 291 Others

Respondent

Procedural Posture

Review Application / Unopposed Review of CCMA Ruling

Legal Issues

  1. 1 Whether the third respondent had locus standi to bring the application before the CCMA.
  2. 2 Whether the application was fatally defective due to lack of identification and mandate of individual applicants.
  3. 3 Whether the CCMA commissioner committed misconduct and gross irregularity in consolidating disputes and granting condonation.

Ratio Decidendi

The Labour Court found that the application brought by the third respondent was fatally defective due to lack of locus standi, absence of identification and mandate of individual applicants, and improper representation. The CCMA commissioner committed misconduct and gross irregularity by consolidating disputes and granting condonation without proper basis, and by conducting his own investigations without notifying the parties, thereby violating the audi alteram partem principle. All disputes had already been disposed of and were res judicata, making the application incompetent. The commissioner failed to address critical objections and misapplied the rules regarding representation and...

Court Disposition

Application for review granted; CCMA ruling set aside and substituted with dismissal of third respondent's application.

Orders

  • The applicants’ review application is granted.
  • The ruling of the second respondent, arbitrator A R Mohlala, dated 22 September 2016, under case number GAEK 9832 – 15, is reviewed and set aside.