Maqashalala v Consol Glass and Others (JS542/23) [2025] ZALCJHB 327 (31 July 2025)

Maqashalala v Consol Glass and Others (JS542/23) [2025] ZALCJHB 327 (31 July 2025)

The plaintiff's pleaded case alleges that his dismissal was for exercising rights under the Labour Relations Act, specifically his right to approach the Labour Court. This falls squarely within the ambit of section 187(1)(d) of the LRA, which is classified as an automatically unfair dismissal and thus within the Labour Court's jurisdiction under section 191(5)(b)(i). The fact that the plaintiff has a pending referral at the bargaining council does not oust the Labour Court's jurisdiction, but the principle of lis alibi pendens may apply if the same dispute is pending elsewhere. However, the plaintiff has indicated his intention to withdraw the bargaining council referral, and the Court...

Citation
[2025] ZALCJHB 327
Parties
Plaintiff: Samuel Maqashalala; Defendant: Consol Glass; Defendant: Ardagh Glass Packing; Defendant: Overnight Logistics (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 July 2025
Case Number
JS542/23
Procedural Posture
Civil Trial / Points in Limine; Jurisdictional Challenge
Outcome
The defendants' jurisdictional point in limine is dismissed, subject to the plaintiff withdrawing his bargaining council referral within 15 days; failing which, the plea of lis alibi pendens will be upheld.
Judges
R Itzkin
Legal Topics
Automatically Unfair Dismissal, Lis Alibi Pendens, Jurisdiction of Labour Court, Referral to Bargaining Council
Labour Law Civil Procedure Automatically Unfair Dismissal Lis Alibi Pendens Jurisdiction of Labour Court Referral to Bargaining Council

Case Brief

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Parties

Samuel Maqashalala

Plaintiff

Consol Glass

Defendant

Ardagh Glass Packing

Defendant

Overnight Logistics (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Points in Limine; Jurisdictional Challenge

Legal Issues

  1. 1 Does the Labour Court have jurisdiction over the plaintiff's claim for automatically unfair dismissal?
  2. 2 Does the principle of lis alibi pendens apply due to pending proceedings at the bargaining council?
  3. 3 Has the plaintiff properly withdrawn the dispute from the bargaining council?

Ratio Decidendi

The plaintiff's pleaded case alleges that his dismissal was for exercising rights under the Labour Relations Act, specifically his right to approach the Labour Court. This falls squarely within the ambit of section 187(1)(d) of the LRA, which is classified as an automatically unfair dismissal and thus within the Labour Court's jurisdiction under section 191(5)(b)(i). The fact that the plaintiff has a pending referral at the bargaining council does not oust the Labour Court's jurisdiction, but the principle of lis alibi pendens may apply if the same dispute is pending elsewhere. However, the plaintiff has indicated his intention to withdraw the bargaining council referral, and the Court...

Court Disposition

The defendants' jurisdictional point in limine is dismissed, subject to the plaintiff withdrawing his bargaining council referral within 15 days; failing which, the plea of lis alibi pendens will be upheld.

Orders

  • The defendants' point in limine is dismissed.
  • The plaintiff must deliver a notification to the bargaining council indicating withdrawal of his referral under case number RFBC70910 within 15 days of the date of this order (unless already done).