Hi Alloy Castings (Pty) Ltd v Smith and Others (J1417/99) [1999] ZALC 173 (6 December 1999)

Hi Alloy Castings (Pty) Ltd v Smith and Others (J1417/99) [1999] ZALC 173 (6 December 1999)

The court found that the date of dismissal was 17 June 1998, when the first respondent left the applicant's employ. The referral to the Bargaining Council was made on 28 July 1998, more than 30 days after the dismissal, and no application for condonation was made. The alteration of the dispute date on the referral form was irregular and unsupported by evidence. The Bargaining Council and the arbitrator lacked jurisdiction to entertain the dispute, rendering both the conciliation and arbitration proceedings invalid. The court reviewed and set aside the Certificate of Outcome and the arbitration award, and ordered the first respondent to pay the applicant's costs.

Citation
[1999] ZALC 173
Parties
Applicant: Hi Alloy Castings (Pty) Ltd; Respondent: Leon Nick Smith; Respondent: Mr AP Burger; Respondent: Metal & Engineering Industries Bargaining Council (TVL Region); Respondent: Adv Norman Davis; Respondent: The Director of the CCMA
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
6 December 1999
Case Number
J1417/99
Procedural Posture
Review Application / Consolidated Review and Setting Aside of Conciliation and Arbitration Proceedings
Outcome
Application granted. Conciliation and arbitration proceedings reviewed and set aside. Costs awarded against the first respondent.
Judges
B M Jammy
Legal Topics
Jurisdiction of Bargaining Council, Late Referral of Dispute, Condonation Application, Unfair Dismissal, Review of Arbitration Award
Labour Law Civil Procedure Jurisdiction of Bargaining Council Late Referral of Dispute Condonation Application Unfair Dismissal Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Hi Alloy Castings (Pty) Ltd

Applicant

Leon Nick Smith

Respondent

Mr AP Burger

Respondent

Metal & Engineering Industries Bargaining Council (TVL Region)

Respondent

Adv Norman Davis

Respondent

The Director of the CCMA

Respondent

Procedural Posture

Review Application / Consolidated Review and Setting Aside of Conciliation and Arbitration Proceedings

Legal Issues

  1. 1 Whether the Bargaining Council had jurisdiction to conciliate the dispute between the applicant and the first respondent.
  2. 2 Whether the referral of the dispute was made within the prescribed 30-day period under the Labour Relations Act.
  3. 3 Whether the arbitration proceedings and award were valid given the alleged lack of jurisdiction.

Ratio Decidendi

The court found that the date of dismissal was 17 June 1998, when the first respondent left the applicant's employ. The referral to the Bargaining Council was made on 28 July 1998, more than 30 days after the dismissal, and no application for condonation was made. The alteration of the dispute date on the referral form was irregular and unsupported by evidence. The Bargaining Council and the arbitrator lacked jurisdiction to entertain the dispute, rendering both the conciliation and arbitration proceedings invalid. The court reviewed and set aside the Certificate of Outcome and the arbitration award, and ordered the first respondent to pay the applicant's costs.

Court Disposition

Application granted. Conciliation and arbitration proceedings reviewed and set aside. Costs awarded against the first respondent.

Orders

  • The conciliation proceedings conducted under the auspices of the Third Respondent and the Certificate of Outcome dated 31 August 1998 issued by the Second Respondent are reviewed and set aside.
  • The arbitration proceedings held under the auspices of the Fifth Respondent and the Arbitration Award handed down by the Fourth Respondent under Case No GA32107/98 are reviewed and set aside.