Mapane and Others v Clear Creek Trading 167 (PTY) Ltd t/a Wireforce (JS 996/2021) [2022] ZALCJHB 339 (14 November 2022)

Mapane and Others v Clear Creek Trading 167 (PTY) Ltd t/a Wireforce (JS 996/2021) [2022] ZALCJHB 339 (14 November 2022)

The Labour Court found that the applicants referred their unfair dismissal dispute to the MEIBC outside the statutory 30-day period and failed to apply for condonation as required by section 191(2) of the LRA. The MEIBC did not consider or grant condonation, and therefore lacked jurisdiction to conciliate the dispute. As the Labour Court's jurisdiction is contingent on the bargaining council's jurisdiction, the absence of a valid referral and condonation deprived both the MEIBC and the Labour Court of jurisdiction. The applicants' case was accordingly struck off the roll for lack of jurisdiction.

Citation
[2022] ZALCJHB 339
Parties
Applicant: Tsepo Mapane and 142 Others; Respondent: Clear Creek Trading 167 (PTY) Ltd t/a Wireforce
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 November 2022
Case Number
JS 996/2021
Procedural Posture
Unfair Dismissal Application / Jurisdictional Challenge and Interlocutory Hearing
Outcome
Application struck off the roll for lack of jurisdiction.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Late Referral, Jurisdiction, Condonation, Unprotected Strike
Labour Law Unfair Dismissal Late Referral Jurisdiction Condonation Unprotected Strike

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Parties

Tsepo Mapane and 142 Others

Applicant

Clear Creek Trading 167 (PTY) Ltd t/a Wireforce

Respondent

Procedural Posture

Unfair Dismissal Application / Jurisdictional Challenge and Interlocutory Hearing

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the applicants' unfair dismissal dispute referred late to the bargaining council without condonation.
  2. 2 Whether the MEIBC had jurisdiction to conciliate the dispute in the absence of a condonation application for late referral.
  3. 3 Whether the applicants' statement of claim contains sufficient allegations to sustain a cause of action.

Ratio Decidendi

The Labour Court found that the applicants referred their unfair dismissal dispute to the MEIBC outside the statutory 30-day period and failed to apply for condonation as required by section 191(2) of the LRA. The MEIBC did not consider or grant condonation, and therefore lacked jurisdiction to conciliate the dispute. As the Labour Court's jurisdiction is contingent on the bargaining council's jurisdiction, the absence of a valid referral and condonation deprived both the MEIBC and the Labour Court of jurisdiction. The applicants' case was accordingly struck off the roll for lack of jurisdiction.

Court Disposition

Application struck off the roll for lack of jurisdiction.

Orders

  • The respondent's point in respect of jurisdiction is upheld.
  • The applicants' case is struck off the roll for lack of jurisdiction.