Makume v Hakinen Transport CC, Moyi v Inkhunzi Contractors (Pty) Ltd, Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALC 208; (2011) 32 ILJ 928 (LC) (12 November 2010)

Makume v Hakinen Transport CC, Moyi v Inkhunzi Contractors (Pty) Ltd, Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALC 208; (2011) 32 ILJ 928 (LC) (12 November 2010)

The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance claims under the BCEA, such as the provision of certificates of service or remuneration particulars. These claims must be pursued through the Department of Labour's inspectorate and the enforcement mechanisms set out in Chapter Ten of the BCEA. However, monetary claims for amounts due under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Where monetary claims are accompanied by non-monetary claims, the Court may dispose of both for reasons of convenience under the causae continentia rule. Costs orders must reflect the...

Citation
[2010] ZALC 208
Parties
Applicant: Makume, Simon Mosiuwa; Respondent: Hakinen Transport CC; Applicant: Moyi, Raoui Bayamba Mukole; Respondent: Inkhunzi Contractors (Pty) Ltd; Applicant: Shashape, Elizabeth Kolojane; Respondent: Tswaing Local Municipality
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 November 2010
Case Number
J33/10, J732/10, J427/10
Procedural Posture
Civil Application / First Instance Judgment
Outcome
Application in J33/2010 dismissed; applications in J732/10 and J427/10 granted in part.
Judges
K S Tip
Legal Topics
Basic Conditions of Employment Act, Jurisdiction of Labour Court, Contract of Employment, Monetary Claims, Certificate of Service, Remuneration Information
Labour Law Civil Procedure Basic Conditions of Employment Act Jurisdiction of Labour Court Contract of Employment Monetary Claims Certificate of Service Remuneration Information

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Parties

Makume, Simon Mosiuwa

Applicant

Hakinen Transport CC

Respondent

Moyi, Raoui Bayamba Mukole

Applicant

Inkhunzi Contractors (Pty) Ltd

Respondent

Shashape, Elizabeth Kolojane

Applicant

Tswaing Local Municipality

Respondent

Procedural Posture

Civil Application / First Instance Judgment

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to enforce non-monetary compliance claims under the BCEA as a forum of first instance?
  2. 2 Can employees enforce basic conditions of employment as contractual terms directly in the Labour Court?
  3. 3 Are monetary claims under the BCEA properly brought before the Labour Court without prior referral to a labour inspector?

Ratio Decidendi

The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance claims under the BCEA, such as the provision of certificates of service or remuneration particulars. These claims must be pursued through the Department of Labour's inspectorate and the enforcement mechanisms set out in Chapter Ten of the BCEA. However, monetary claims for amounts due under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Where monetary claims are accompanied by non-monetary claims, the Court may dispose of both for reasons of convenience under the causae continentia rule. Costs orders must reflect the...

Court Disposition

Application in J33/2010 dismissed; applications in J732/10 and J427/10 granted in part.

Orders

  • In J33/2010: The application is dismissed. No order as to costs.
  • In J732/10: The respondent is directed to pay the applicant R29,924.95 and interest at 15.5% per annum a tempore morae until payment. The respondent must provide a certificate of service and particulars of remuneration in terms of the BCEA. Costs awarded on the Magistrates’ Court scale for monetary claims.