Dombo v City of Tshwane Metropolitain Municipality (JS628/19) [2020] ZALCJHB 26 (6 February 2020)

Dombo v City of Tshwane Metropolitain Municipality (JS628/19) [2020] ZALCJHB 26 (6 February 2020)

The Labour Court does not have jurisdiction under section 77(3) of the BCEA to adjudicate the applicant's claim for progression and/or notch increments for 2011-2014 because the dispute is not causally linked to an individual contract of employment but rather to a collective agreement. The applicant failed to plead reliance on any clause of his employment contract and did not annex the contract to his pleadings. The SALGBC issued a binding ruling that the dispute concerns an unfair labour practice, and the applicant did not pursue review or condonation at the bargaining council. The attempt to bring the matter before the Labour Court constitutes forum shopping and is impermissible....

Citation
[2020] ZALCJHB 26
Parties
Applicant: ND Dombo; Respondent: City of Tshwane Metropolitain Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 February 2020
Case Number
JS628/19
Procedural Posture
Civil Jurisdictional Challenge / Judgment on Special Pleas
Outcome
Claim dismissed for want of jurisdiction.
Judges
Rabkin-Naicker
Legal Topics
Jurisdiction of Labour Court, Section 77 3 Bcea, Unfair Labour Practice, Collective Agreement Interpretation
Labour Law Jurisdiction of Labour Court Section 77 3 Bcea Unfair Labour Practice Collective Agreement Interpretation

Case Brief

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Parties

ND Dombo

Applicant

City of Tshwane Metropolitain Municipality

Respondent

Procedural Posture

Civil Jurisdictional Challenge / Judgment on Special Pleas

Legal Issues

  1. 1 Does the Labour Court have jurisdiction under section 77(3) of the BCEA to adjudicate the applicant's claim for progression and/or notch increments for 2011-2014?
  2. 2 Is the matter res judicata, lis pendens, or an instance of forum shopping?
  3. 3 Is the dispute causally linked to an individual contract of employment or a collective agreement?

Ratio Decidendi

The Labour Court does not have jurisdiction under section 77(3) of the BCEA to adjudicate the applicant's claim for progression and/or notch increments for 2011-2014 because the dispute is not causally linked to an individual contract of employment but rather to a collective agreement. The applicant failed to plead reliance on any clause of his employment contract and did not annex the contract to his pleadings. The SALGBC issued a binding ruling that the dispute concerns an unfair labour practice, and the applicant did not pursue review or condonation at the bargaining council. The attempt to bring the matter before the Labour Court constitutes forum shopping and is impermissible....

Court Disposition

Claim dismissed for want of jurisdiction.

Orders

  • The applicant’s claim is dismissed for want of jurisdiction.