Imiolo v Reproplast (Pty) Ltd and Others (D455/15) [2017] ZALCD 13 (19 May 2017)

Imiolo v Reproplast (Pty) Ltd and Others (D455/15) [2017] ZALCD 13 (19 May 2017)

The court held that the applicant's grounds for review do not raise any jurisdictional point, which is the only permissible basis for reviewing a Certificate of Outcome at conciliation. The applicant's complaints regarding the settlement agreement are contractual and cannot be determined by the CCMA. The settlement agreement is valid and binding until set aside, and there is no evidence of patent unfairness or illegality. The applicant failed to establish that he was misled or that he was qualified for alternative positions. Consequently, the application to review and set aside the Certificate of Outcome fails.

Citation
[2017] ZALCD 13
Parties
Applicant: Krzystof Imiolo; Respondent: Reproplast (Pty) Ltd; Respondent: Premjith Jugdeo N.O; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
19 May 2017
Case Number
D455/15
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Y.F Saloojee
Legal Topics
Settlement Agreement, Unfair Dismissal, Jurisdiction of Ccma, Review of Certificate of Outcome
Labour Law Settlement Agreement Unfair Dismissal Jurisdiction of Ccma Review of Certificate of Outcome

Case Brief

Summary, issues, holding and outcome

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Parties

Krzystof Imiolo

Applicant

Reproplast (Pty) Ltd

Respondent

Premjith Jugdeo N.O

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Certificate of Outcome at conciliation can be reviewed and set aside.
  2. 2 Whether the settlement agreement deprives the applicant of the right to refer a procedurally unfair dismissal dispute to the CCMA.
  3. 3 Whether the conciliating commissioner misdirected himself in accepting the settlement agreement as proof of fairness.

Ratio Decidendi

The court held that the applicant's grounds for review do not raise any jurisdictional point, which is the only permissible basis for reviewing a Certificate of Outcome at conciliation. The applicant's complaints regarding the settlement agreement are contractual and cannot be determined by the CCMA. The settlement agreement is valid and binding until set aside, and there is no evidence of patent unfairness or illegality. The applicant failed to establish that he was misled or that he was qualified for alternative positions. Consequently, the application to review and set aside the Certificate of Outcome fails.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • Each party to pay their own costs.