Ideal Patternmakers And Tooling (Pty) Ltd v Metal And Engineering Industries and Others (JR633/02) [2004] ZALCJHB 3 (13 February 2004)

Ideal Patternmakers And Tooling (Pty) Ltd v Metal And Engineering Industries and Others (JR633/02) [2004] ZALCJHB 3 (13 February 2004)

The court held that the employee's claim for constructive dismissal was not a new dispute but was founded on the same facts as the earlier unfair dismissal claim, which had already been finally determined by the CCMA. By electing to proceed only on unfair dismissal, the employee abandoned the constructive dismissal claim. The bargaining council was therefore functus officio and lacked jurisdiction to entertain the matter. The second respondent's ruling to the contrary was a material misdirection and gross irregularity, warranting review and setting aside.

Citation
[2004] ZALCJHB 3
Parties
Applicant: Ideal Patternmakers And Tooling (Pty) Limited; Respondent: Metal And Engineering Industries Bargaining Council; Respondent: S E Koekemoer N.O.; Respondent: Michael J De Weijer
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 February 2004
Case Number
JR633/02
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; the bargaining council's jurisdictional ruling is set aside.
Judges
Ndlovu AJ
Legal Topics
Jurisdiction of Bargaining Council, Res Judicata, Constructive Dismissal, Unfair Dismissal
Labour Law Civil Procedure Jurisdiction of Bargaining Council Res Judicata Constructive Dismissal Unfair Dismissal

Case Brief

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Parties

Ideal Patternmakers And Tooling (Pty) Limited

Applicant

Metal And Engineering Industries Bargaining Council

Respondent

S E Koekemoer N.O.

Respondent

Michael J De Weijer

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the bargaining council had jurisdiction to conciliate the dispute referred by the employee on 23 January 2002.
  2. 2 Whether the dispute was res judicata due to the prior CCMA arbitration award.
  3. 3 Whether the employee's claim for constructive dismissal was valid after electing to proceed only on unfair dismissal.

Ratio Decidendi

The court held that the employee's claim for constructive dismissal was not a new dispute but was founded on the same facts as the earlier unfair dismissal claim, which had already been finally determined by the CCMA. By electing to proceed only on unfair dismissal, the employee abandoned the constructive dismissal claim. The bargaining council was therefore functus officio and lacked jurisdiction to entertain the matter. The second respondent's ruling to the contrary was a material misdirection and gross irregularity, warranting review and setting aside.

Court Disposition

Application for review granted; the bargaining council's jurisdictional ruling is set aside.

Orders

  • The decision issued by the second respondent on 3 April 2002 under reference number 02-01-168 is reviewed and set aside.
  • It is substituted with the order that the bargaining council has no jurisdiction to entertain the dispute.