FCCDTAWU obo Mathiba v Clover SA (Pty) Ltd (J2834/2000) [2001] ZALC 145 (14 September 2001)

FCCDTAWU obo Mathiba v Clover SA (Pty) Ltd (J2834/2000) [2001] ZALC 145 (14 September 2001)

The Labour Court lacks jurisdiction to adjudicate disputes limited to the non-payment of severance pay. The governing legislation, section 41(10) of the Basic Conditions of Employment Act, explicitly provides that such disputes must be referred to arbitration by the CCMA. The applicant's reliance on advice from the CCMA official does not alter the statutory jurisdictional framework. Accordingly, the matter must be referred to the CCMA for arbitration, and no costs order is made against the applicant.

Citation
[2001] ZALC 145
Parties
Applicant: FCCDTAWU obo Mathiba; Respondent: Clover SA (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 September 2001
Case Number
J2834/2000
Procedural Posture
Labour Court Application / Jurisdictional Ruling
Outcome
Application dismissed for lack of jurisdiction; matter referred to CCMA for arbitration.
Judges
E. Revelas
Legal Topics
Severance Pay, Jurisdiction, Basic Conditions of Employment Act, Referral to Ccma
Labour Law Severance Pay Jurisdiction Basic Conditions of Employment Act Referral to Ccma

Case Brief

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Parties

FCCDTAWU obo Mathiba

Applicant

Clover SA (Pty) Ltd

Respondent

Procedural Posture

Labour Court Application / Jurisdictional Ruling

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to determine a dispute solely concerning the non-payment of severance pay?
  2. 2 Should the matter be referred to the CCMA for arbitration?

Ratio Decidendi

The Labour Court lacks jurisdiction to adjudicate disputes limited to the non-payment of severance pay. The governing legislation, section 41(10) of the Basic Conditions of Employment Act, explicitly provides that such disputes must be referred to arbitration by the CCMA. The applicant's reliance on advice from the CCMA official does not alter the statutory jurisdictional framework. Accordingly, the matter must be referred to the CCMA for arbitration, and no costs order is made against the applicant.

Court Disposition

Application dismissed for lack of jurisdiction; matter referred to CCMA for arbitration.

Orders

  • The Labour Court does not have jurisdiction to entertain the question of the non-payment of severance pay in this matter.
  • The matter is referred to the Commission for Conciliation, Mediation and Arbitration to arbitrate the issue which has already been conciliated.