Feni v Commission for Conciliation, Mediation and Arbitration and Others (JA30/2019) [2020] ZALAC 24; (2020) 41 ILJ 1899 (LAC); [2020] 10 BLLR 1001 (LAC) (28 May 2020)

Feni v Commission for Conciliation, Mediation and Arbitration and Others (JA30/2019) [2020] ZALAC 24; (2020) 41 ILJ 1899 (LAC); [2020] 10 BLLR 1001 (LAC) (28 May 2020)

The Labour Appeal Court held that only one act of dismissal occurred, and both referrals by the appellant concerned the same event. The doctrines of res judicata and lis pendens were considered, but the court found that a jurisdictional decision by the CCMA does not constitute res judicata, as it does not resolve...

Source-derived case information.

Citation
[2020] ZALAC 24
Parties
Appellant: Zixolislle Feni; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Harmse N.O; Respondent: Pan South African Language Board
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
28 May 2020
Case Number
JA30/2019
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs.
Judges
Phatshoane, Davis, Murphy
Legal Topics
Lis Pendens, Res Judicata, Automatic Unfair Dismissal, Protected Disclosure, Ccma Jurisdiction
Labour Law Civil Procedure Lis Pendens Res Judicata Automatic Unfair Dismissal Protected Disclosure Ccma Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Zixolislle Feni

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

Harmse N.O

Respondent

Pan South African Language Board

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to conciliate and arbitrate a second referral concerning the same dismissal.
  2. 2 Whether the doctrines of res judicata or lis pendens apply to multiple referrals of the same dismissal.
  3. 3 Whether the appellant was entitled to separate hearings for different grounds of unfair dismissal arising from a single act of dismissal.

Ratio Decidendi

The Labour Appeal Court held that only one act of dismissal occurred, and both referrals by the appellant concerned the same event. The doctrines of res judicata and lis pendens were considered, but the court found that a jurisdictional decision by the CCMA does not constitute res judicata, as it does not resolve the merits of the dismissal. However, lis pendens was applicable because allowing multiple proceedings for the same dismissal would undermine the policy of expedition and finality in labour disputes under the LRA. The court emphasized that the unfairness of the dismissal, not the reasons for it, is what must be referred to conciliation. Section 158(2) of the LRA provides...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.