Khumalo v Security Specialised Services t/a Securitas SA (Pty) (JS 121/2020) [2023] ZALCJHB 212 (19 July 2023)

Khumalo v Security Specialised Services t/a Securitas SA (Pty) (JS 121/2020) [2023] ZALCJHB 212 (19 July 2023)

The court held that, in the absence of a certificate of outcome, the applicant was required to refer his dispute to the Labour Court within 90 days of the CCMA referral. The applicant filed his statement of claim outside this period, and no condonation was sought. Furthermore, the applicant had signed a withdrawal of his CCMA referral, which, while possibly done under a misapprehension, meant that there was no live dispute before the court. As a result, the Labour Court lacked jurisdiction to entertain the claim.

Citation
[2023] ZALCJHB 212
Parties
Applicant: Mokete Khumalo; Respondent: Security Specialised Services t/a Securitas SA (Pty)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 July 2023
Case Number
JS 121/2020
Procedural Posture
Trial / Point in Limine
Outcome
Application struck from the roll for lack of jurisdiction.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Automatically Unfair Dismissal, Jurisdiction, Condonation, Withdrawal of Dispute
Labour Law Civil Procedure Unfair Dismissal Automatically Unfair Dismissal Jurisdiction Condonation Withdrawal of Dispute

Case Brief

Summary, issues, holding and outcome

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Parties

Mokete Khumalo

Applicant

Security Specialised Services t/a Securitas SA (Pty)

Respondent

Procedural Posture

Trial / Point in Limine

Legal Issues

  1. 1 Whether the applicant's referral to the Labour Court was competent in the absence of a certificate of outcome from the CCMA.
  2. 2 Whether the withdrawal of the CCMA referral precluded the Labour Court from entertaining the dispute.
  3. 3 Whether condonation was required for the late referral to the Labour Court.

Ratio Decidendi

The court held that, in the absence of a certificate of outcome, the applicant was required to refer his dispute to the Labour Court within 90 days of the CCMA referral. The applicant filed his statement of claim outside this period, and no condonation was sought. Furthermore, the applicant had signed a withdrawal of his CCMA referral, which, while possibly done under a misapprehension, meant that there was no live dispute before the court. As a result, the Labour Court lacked jurisdiction to entertain the claim.

Court Disposition

Application struck from the roll for lack of jurisdiction.

Orders

  • The application is struck from the roll for lack of jurisdiction.