Freshmark (PTY) LTD v Commissioner Mothibe N.O (JR2063/18) [2020] ZALCJHB 265 (8 July 2020)

Freshmark (PTY) LTD v Commissioner Mothibe N.O (JR2063/18) [2020] ZALCJHB 265 (8 July 2020)

The Labour Court found that the review application was ill-conceived and moot, as the jurisdictional ruling did not dispose of the matter and the dismissals had since been confirmed. The applicant failed to justify interference with the CCMA's jurisdictional ruling, and there was no just and equitable reason to review the decision before the dispute was finally determined. The Court emphasized that section 158(1B) of the LRA prohibits piecemeal litigation and requires disputes to be resolved on their merits without unnecessary technical challenges. The jurisdictional issue could be raised afresh before the Labour Court, and the statutory dispute resolution scheme should not be undermined...

Citation
[2020] ZALCJHB 265
Parties
Applicant: Freshmark (PTY) LTD; Respondent: Commissioner Isaac Teke Mothibe N.O; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: National Transport Movement (NTM)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 July 2020
Case Number
JR2063/18
Procedural Posture
Review Application / Judgment on Review of Jurisdictional Ruling
Outcome
The review application is dismissed.
Judges
Nkutha-Nkontwana
Legal Topics
Jurisdiction of Ccma, Review of Arbitration Ruling, Secondary Strike, Unfair Dismissal, Section 158 1b Lra
Labour Law Civil Procedure Jurisdiction of Ccma Review of Arbitration Ruling Secondary Strike Unfair Dismissal Section 158 1b Lra

Case Brief

Summary, issues, holding and outcome

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Parties

Freshmark (PTY) LTD

Applicant

Commissioner Isaac Teke Mothibe N.O

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

National Transport Movement (NTM)

Respondent

Procedural Posture

Review Application / Judgment on Review of Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to conciliate the unfair dismissal dispute when the employees were suspended but not yet finally dismissed.
  2. 2 Whether the review application of the jurisdictional ruling is moot given subsequent developments.
  3. 3 Whether it is just and equitable for the Labour Court to entertain a review before the dispute is finally determined.

Ratio Decidendi

The Labour Court found that the review application was ill-conceived and moot, as the jurisdictional ruling did not dispose of the matter and the dismissals had since been confirmed. The applicant failed to justify interference with the CCMA's jurisdictional ruling, and there was no just and equitable reason to review the decision before the dispute was finally determined. The Court emphasized that section 158(1B) of the LRA prohibits piecemeal litigation and requires disputes to be resolved on their merits without unnecessary technical challenges. The jurisdictional issue could be raised afresh before the Labour Court, and the statutory dispute resolution scheme should not be undermined...

Court Disposition

The review application is dismissed.

Orders

  • The review application is dismissed.
  • There is no order as to costs.