Dumakude v Nedbank Group (J2383/19) [2022] ZALCJHB 40 (7 March 2022)

Dumakude v Nedbank Group (J2383/19) [2022] ZALCJHB 40 (7 March 2022)

The Labour Court does not have jurisdiction to order the removal of the applicant from the RED listing. The applicant failed to plead any contractual term or breach that would bring the matter within the scope of section 77(3) of the Basic Conditions of Employment Act. The RED listing process is regulated by the Financial Sector Regulation Act, which provides for a tribunal to reconsider and remove individuals from RED. The Labour Court's jurisdiction is limited to matters assigned to it by statute, and the relief sought by the applicant does not fall within its jurisdiction. Accordingly, the respondent's point in limine is upheld and the application is dismissed for lack of jurisdiction.

Citation
[2022] ZALCJHB 40
Parties
Applicant: Bongani Vuyo Dumakude; Respondent: Nedbank Group
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2022
Case Number
J2383/19
Procedural Posture
Urgent Application / Application for Declaratory and Mandatory Relief; Jurisdictional Challenge
Outcome
Application dismissed for lack of jurisdiction; respondent's point in limine upheld.
Judges
M Makhura
Legal Topics
Jurisdiction of Labour Court, Contract of Employment, Financial Sector Regulation Act, Red Listing, Point in Limine
Labour Law Civil Procedure Jurisdiction of Labour Court Contract of Employment Financial Sector Regulation Act Red Listing Point in Limine

Case Brief

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Parties

Bongani Vuyo Dumakude

Applicant

Nedbank Group

Respondent

Procedural Posture

Urgent Application / Application for Declaratory and Mandatory Relief; Jurisdictional Challenge

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to order the removal of the applicant from the RED listing?
  2. 2 Is the RED listing an issue arising from the employment relationship or contract of employment?
  3. 3 Does section 77(3) of the Basic Conditions of Employment Act confer jurisdiction on the Labour Court in this matter?

Ratio Decidendi

The Labour Court does not have jurisdiction to order the removal of the applicant from the RED listing. The applicant failed to plead any contractual term or breach that would bring the matter within the scope of section 77(3) of the Basic Conditions of Employment Act. The RED listing process is regulated by the Financial Sector Regulation Act, which provides for a tribunal to reconsider and remove individuals from RED. The Labour Court's jurisdiction is limited to matters assigned to it by statute, and the relief sought by the applicant does not fall within its jurisdiction. Accordingly, the respondent's point in limine is upheld and the application is dismissed for lack of jurisdiction.

Court Disposition

Application dismissed for lack of jurisdiction; respondent's point in limine upheld.

Orders

  • The respondent's second point in limine is upheld.
  • The application is dismissed for lack of jurisdiction.