Makume v Hakinen Transport CC; In Re: Moyi v Imkhunzi Contractors (Pty); In Re: Ltd v Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALCJHB 330 (12 November 2010)

Makume v Hakinen Transport CC; In Re: Moyi v Imkhunzi Contractors (Pty); In Re: Ltd v Shashape v Tswaing Local Municipality (J33/10, J732/10, J427/10) [2010] ZALCJHB 330 (12 November 2010)

The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance issues under the BCEA, such as certificates of service or remuneration particulars, except in extraordinary circumstances or where such claims are joined with monetary claims. The statutory enforcement mechanisms in Chapter Ten of the BCEA must be followed for non-monetary complaints. However, monetary claims under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Costs orders must be proportionate to the quantum of the claim, reflecting the approach in Stanford Driving School. In the present matters, only the monetary...

Citation
[2010] ZALCJHB 330
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 Johannesburg
Jurisdiction
South Africa
Judgment Date
12 November 2010
Case Number
J33/10, J732/10, J427/10
Procedural Posture
Urgent Application / Judgment on Three Consolidated Applications
Outcome
Monetary claims granted in J732/10 and J427/10; non-monetary claims dismissed except where joined with monetary claims; application in J33/10 dismissed.
Judges
K S Tip
Legal Topics
Basic Conditions of Employment Act, Jurisdiction of Labour Court, Certificate of Service, Notice Pay, Leave Pay, Remuneration Information
Labour Law Civil Procedure Basic Conditions of Employment Act Jurisdiction of Labour Court Certificate of Service Notice Pay Leave Pay 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

Urgent Application / Judgment on Three Consolidated Applications

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to enforce non-monetary compliance issues under the BCEA as a forum of first instance?
  2. 2 Can monetary claims under the BCEA be brought directly before the Labour Court without prior referral to a labour inspector?
  3. 3 Are claims for certificates of service and remuneration particulars enforceable as contractual terms under section 77(3) of the BCEA?

Ratio Decidendi

The Labour Court does not have jurisdiction as a forum of first instance to enforce non-monetary compliance issues under the BCEA, such as certificates of service or remuneration particulars, except in extraordinary circumstances or where such claims are joined with monetary claims. The statutory enforcement mechanisms in Chapter Ten of the BCEA must be followed for non-monetary complaints. However, monetary claims under the BCEA may be brought directly before the Labour Court, which has concurrent jurisdiction with civil courts. Costs orders must be proportionate to the quantum of the claim, reflecting the approach in Stanford Driving School. In the present matters, only the monetary...

Court Disposition

Monetary claims granted in J732/10 and J427/10; non-monetary claims dismissed except where joined with monetary claims; application in J33/10 dismissed.

Orders

  • In case J33/2010: The application is dismissed; no order as to costs.
  • In case J732/10: The respondent must pay the applicant R29,924.95; interest at 15.5% per annum a tempore morae until payment; provide a certificate of service under section 42 BCEA; provide remuneration particulars under section 33 BCEA; pay costs on the Magistrates’ Court scale for monetary claims.