Landgoed v Commission for Conciliation, Mediation and Arbitration and Others (JR2288/13) [2016] ZALCJHB 473 (19 February 2016)

Landgoed v Commission for Conciliation, Mediation and Arbitration and Others (JR2288/13) [2016] ZALCJHB 473 (19 February 2016)

The court found that the commissioner erred in refusing rescission of the default arbitration award. The true reason for dismissal, as articulated under oath, was the employees' refusal to accept a demand regarding a matter of mutual interest, which brings the dispute within the ambit of s 187(1)(c) of the LRA. As such, only the Labour Court has jurisdiction, and the CCMA was not empowered to arbitrate the matter. The applicant's prospects of success in the rescission application were therefore strong, and the default award should have been rescinded. The court substituted the commissioner's ruling with an order rescinding the default arbitration award.

Citation
[2016] ZALCJHB 473
Parties
Applicant: JP Landgoed; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Harold N Matshepe N.O.; Respondent: Maggy Mathoto & 12 Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 February 2016
Case Number
JR2288/13
Procedural Posture
Review Application / Judgment on Review of Rescission Ruling
Outcome
Rescission ruling set aside and default arbitration award rescinded.
Judges
Van Niekerk
Legal Topics
Jurisdiction of Ccma, Automatically Unfair Dismissal, Rescission of Award, Operational Requirements Retrenchment
Labour Law Civil Procedure Jurisdiction of Ccma Automatically Unfair Dismissal Rescission of Award Operational Requirements Retrenchment

Case Brief

Summary, issues, holding and outcome

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Parties

JP Landgoed

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Harold N Matshepe N.O.

Respondent

Maggy Mathoto & 12 Others

Respondent

Procedural Posture

Review Application / Judgment on Review of Rescission Ruling

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to arbitrate the dismissal dispute.
  2. 2 Whether the commissioner erred in refusing rescission of the default arbitration award.
  3. 3 Whether the dismissal was for operational requirements or constituted an automatically unfair dismissal under s 187(1)(c) of the LRA.

Ratio Decidendi

The court found that the commissioner erred in refusing rescission of the default arbitration award. The true reason for dismissal, as articulated under oath, was the employees' refusal to accept a demand regarding a matter of mutual interest, which brings the dispute within the ambit of s 187(1)(c) of the LRA. As such, only the Labour Court has jurisdiction, and the CCMA was not empowered to arbitrate the matter. The applicant's prospects of success in the rescission application were therefore strong, and the default award should have been rescinded. The court substituted the commissioner's ruling with an order rescinding the default arbitration award.

Court Disposition

Rescission ruling set aside and default arbitration award rescinded.

Orders

  • The rescission ruling made by the second respondent on 20 September 2013 under case number LP 2053-13 is reviewed and set aside.
  • The default arbitration award issued under case number LP 2053-13 dated 9 July 2013 is rescinded.