Majoe v CCMA (JR 1381/01) [2002] ZALC 187 (20 November 2002)

Majoe v CCMA (JR 1381/01) [2002] ZALC 187 (20 November 2002)

The court held that the arbitrator did not have jurisdiction to consider the applicant's complaint because item 2(1)(b) of the Labour Relations Act does not provide a remedy for unfair conduct relating to appointment, only promotion. The applicant was not an employee of the Free State Education Department at the relevant time, and his application for the principal post constituted an application for appointment, not promotion. The Employment of Educators Act makes clear distinctions between provincial education establishments, and the applicant's employment relationship was with the Western Cape, not the Free State. As such, the application for review was dismissed.

Citation
[2002] ZALC 187
Parties
Applicant: T Majoe; Respondent: CCMA; Respondent: Member of the Executive Council of the Free State
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 November 2002
Case Number
JR 1381/01
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed; no order as to costs.
Judges
Landman
Legal Topics
Unfair Labour Practice, Promotion, Jurisdiction of Arbitrator, Employment Relationship, Education Sector
Labour Law Civil Procedure Unfair Labour Practice Promotion Jurisdiction of Arbitrator Employment Relationship Education Sector

Case Brief

Summary, issues, holding and outcome

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Parties

T Majoe

Applicant

CCMA

Respondent

Member of the Executive Council of the Free State

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to consider the dispute regarding appointment or promotion.
  2. 2 Whether the applicant could rely on item 2(1)(b) of the Labour Relations Act for his complaint.
  3. 3 Whether the applicant was entitled to relief for alleged unfair labour practice in the context of cross-provincial employment.

Ratio Decidendi

The court held that the arbitrator did not have jurisdiction to consider the applicant's complaint because item 2(1)(b) of the Labour Relations Act does not provide a remedy for unfair conduct relating to appointment, only promotion. The applicant was not an employee of the Free State Education Department at the relevant time, and his application for the principal post constituted an application for appointment, not promotion. The Employment of Educators Act makes clear distinctions between provincial education establishments, and the applicant's employment relationship was with the Western Cape, not the Free State. As such, the application for review was dismissed.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • No order is made as to costs.