Ideal Patternmakers And Tooling (Pty) Ltd v Metal Engineering Industries and Others (JR 633/02) [2004] ZALC 16 (13 February 2004)

Ideal Patternmakers And Tooling (Pty) Ltd v Metal Engineering Industries and Others (JR 633/02) [2004] ZALC 16 (13 February 2004)

The court held that the employee's claim for constructive dismissal was based on the same set of facts as the previously determined unfair dismissal claim. The employee had elected to proceed only with the direct dismissal claim before the CCMA, abandoning the constructive dismissal claim. The CCMA's award on 12 December 2001 finally determined the dispute, rendering the matter res judicata. The bargaining council was therefore functus officio and lacked jurisdiction to entertain the subsequent referral. The second respondent's ruling to the contrary was a material misdirection and gross irregularity, warranting review and setting aside.

Citation
[2004] ZALC 16
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
Jurisdiction
South Africa
Judgment Date
13 February 2004
Case Number
JR 633/02
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, Condonation of Late Referral
Labour Law Civil Procedure Jurisdiction of Bargaining Council Res Judicata Constructive Dismissal Unfair Dismissal Condonation of Late Referral

Case Brief

Summary, issues, holding and outcome

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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 between the employee and employer.
  2. 2 Whether the matter was res judicata following the CCMA arbitration award.
  3. 3 Whether the employee's referral for constructive dismissal constituted a new dispute or was based on the same facts as the previous claim.

Ratio Decidendi

The court held that the employee's claim for constructive dismissal was based on the same set of facts as the previously determined unfair dismissal claim. The employee had elected to proceed only with the direct dismissal claim before the CCMA, abandoning the constructive dismissal claim. The CCMA's award on 12 December 2001 finally determined the dispute, rendering the matter res judicata. The bargaining council was therefore functus officio and lacked jurisdiction to entertain the subsequent referral. 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.