Hlekwayo and Another v Secretary, Department of Finance and others (D277/99) [2002] ZALC 87 (23 October 2002)

Hlekwayo and Another v Secretary, Department of Finance and others (D277/99) [2002] ZALC 87 (23 October 2002)

The court found that the Commissioner failed to provide reasons for his ruling and did not adequately consider whether the dispute arose after the Labour Relations Act came into effect. The absence of a proper record and the failure to investigate the date of the cause of action constituted reviewable irregularities. The court held that the dispute may have arisen on 29 November 1996, which would bring it within the jurisdiction of the Labour Relations Act. Accordingly, the ruling of the Commissioner was set aside and the matter was referred back to the General Public Service Sectoral Bargaining Council for conciliation and, if necessary, arbitration.

Citation
[2002] ZALC 87
Parties
Applicant: P Hlekwayo; Applicant: Q P Mlambo; Respondent: Secretary, Department of Finance; Respondent: T W Majake; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 October 2002
Case Number
D277/99
Procedural Posture
Review Application / Judgment on Review of CCMA Jurisdictional Ruling
Outcome
The Commissioner's ruling is set aside. The matter is referred back to the General Public Service Sectoral Bargaining Council for conciliation and, if necessary, arbitration. No order as to costs.
Judges
D Pillay
Legal Topics
Jurisdiction of Ccma, Review of Arbitration Award, Date of Dispute Arising, Fair Labour Practice
Labour Law Civil Procedure Jurisdiction of Ccma Review of Arbitration Award Date of Dispute Arising Fair Labour Practice

Case Brief

Summary, issues, holding and outcome

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Parties

P Hlekwayo

Applicant

Q P Mlambo

Applicant

Secretary, Department of Finance

Respondent

T W Majake

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to arbitrate the dispute based on the date the dispute arose.
  2. 2 Whether the Commissioner failed to consider relevant facts regarding the date of appointment and the cause of action.
  3. 3 Whether the dispute concerned a right to fair labour practice and fair consideration for promotion.

Ratio Decidendi

The court found that the Commissioner failed to provide reasons for his ruling and did not adequately consider whether the dispute arose after the Labour Relations Act came into effect. The absence of a proper record and the failure to investigate the date of the cause of action constituted reviewable irregularities. The court held that the dispute may have arisen on 29 November 1996, which would bring it within the jurisdiction of the Labour Relations Act. Accordingly, the ruling of the Commissioner was set aside and the matter was referred back to the General Public Service Sectoral Bargaining Council for conciliation and, if necessary, arbitration.

Court Disposition

The Commissioner's ruling is set aside. The matter is referred back to the General Public Service Sectoral Bargaining Council for conciliation and, if necessary, arbitration. No order as to costs.

Orders

  • The ruling of the second respondent Commissioner is set aside.
  • The matter is referred back to the General Public Service Sectoral Bargaining Council for conciliation and, if necessary, arbitration.