Magoshi v Gauteng Department of Education (JR864/15) [2018] ZALCJHB 311; (2019) 40 ILJ 168 (LC) (2 October 2018)

Magoshi v Gauteng Department of Education (JR864/15) [2018] ZALCJHB 311; (2019) 40 ILJ 168 (LC) (2 October 2018)

The Labour Court held that the ELRC lacked jurisdiction to determine the dispute because the applicant was no longer an employee at the time the interview and appointment process took place. The alleged unfairness did not arise during the tenure of employment but after the applicant had resigned. The Court distinguished this case from authorities where ex-employees were permitted to refer disputes, noting that in those cases, the unfairness occurred during employment. Here, the applicant's rights to fair treatment in the selection process only arose once the process commenced, which was after his resignation. Therefore, no objective facts existed to give the ELRC jurisdiction, and the...

Citation
[2018] ZALCJHB 311
Parties
Applicant: Mahlase Isaiah Magoshi; Respondent: Gauteng Department of Education; Respondent: Commissioner Thando Ndlebe N.O; Respondent: Education Labour Relations Council; Respondent: T E Njoli
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 October 2018
Case Number
JR864/15
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
Application granted. Arbitration award set aside and substituted with an order that the ELRC lacked jurisdiction. No order as to costs.
Judges
E Tlhotlhalemaje
Legal Topics
Unfair Labour Practice, Jurisdiction of Elrc, Promotion and Appointment Disputes, Definition of Employee, Collective Agreement Interpretation
Labour Law Civil Procedure Unfair Labour Practice Jurisdiction of Elrc Promotion and Appointment Disputes Definition of Employee Collective Agreement Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Mahlase Isaiah Magoshi

Applicant

Gauteng Department of Education

Respondent

Commissioner Thando Ndlebe N.O

Respondent

Education Labour Relations Council

Respondent

T E Njoli

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the Education Labour Relations Council (ELRC) had jurisdiction to determine the dispute between the applicant and the Department after the applicant had resigned.
  2. 2 Whether an ex-employee can refer an unfair labour practice dispute regarding non-appointment to the ELRC.
  3. 3 Whether the arbitration award was reviewable on the grounds of lack of jurisdiction.

Ratio Decidendi

The Labour Court held that the ELRC lacked jurisdiction to determine the dispute because the applicant was no longer an employee at the time the interview and appointment process took place. The alleged unfairness did not arise during the tenure of employment but after the applicant had resigned. The Court distinguished this case from authorities where ex-employees were permitted to refer disputes, noting that in those cases, the unfairness occurred during employment. Here, the applicant's rights to fair treatment in the selection process only arose once the process commenced, which was after his resignation. Therefore, no objective facts existed to give the ELRC jurisdiction, and the...

Court Disposition

Application granted. Arbitration award set aside and substituted with an order that the ELRC lacked jurisdiction. No order as to costs.

Orders

  • The arbitration award of the Second Respondent is substituted with an order that the third respondent (ELRC) lacked the requisite jurisdiction to determine the dispute between the applicant and the first respondent.
  • There is no order as to costs.