Maqavana v Massbuild (Pty) Ltd and Others (JR393/18) [2019] ZALCJHB 187 (3 April 2019)

Maqavana v Massbuild (Pty) Ltd and Others (JR393/18) [2019] ZALCJHB 187 (3 April 2019)

The court held that the commissioner correctly declined jurisdiction based on the principle of res judicata. The previous arbitration award had finally resolved the dispute of unfair discrimination between the parties, regardless of whether the ground was race or arbitrary. The grounds listed in section 6 of the Employment Equity Act are not separate and distinct causes of action but are pieces of evidence to support the claim of unfair discrimination. Once the dispute of unfair discrimination has been adjudicated, it cannot be relitigated under a different ground, as this would undermine legal certainty and the finality of judgments. The CCMA lacked jurisdiction to entertain the same...

Citation
[2019] ZALCJHB 187
Parties
Applicant: Phathuxolo Patrick Maqavana; Respondent: Massbuild (Pty) Ltd; Respondent: Massmart Holdings Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner J Nkopane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 April 2019
Case Number
JR393/18
Procedural Posture
Review Application / Jurisdictional Review of CCMA Ruling
Outcome
Application for review dismissed.
Judges
GN Moshoana
Legal Topics
Employment Equity Act, Unfair Discrimination, Res Judicata, Equal Pay for Work of Equal Value, Jurisdictional Facts
Labour Law Civil Procedure Employment Equity Act Unfair Discrimination Res Judicata Equal Pay for Work of Equal Value Jurisdictional Facts

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Parties

Phathuxolo Patrick Maqavana

Applicant

Massbuild (Pty) Ltd

Respondent

Massmart Holdings Limited

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner J Nkopane

Respondent

Procedural Posture

Review Application / Jurisdictional Review of CCMA Ruling

Legal Issues

  1. 1 Whether the commissioner correctly declined jurisdiction based on the principle of res judicata.
  2. 2 Whether grounds of unfair discrimination under section 6 of the Employment Equity Act constitute separate and distinct causes of action.
  3. 3 Whether the determination of one ground of unfair discrimination precludes subsequent determination of another ground.

Ratio Decidendi

The court held that the commissioner correctly declined jurisdiction based on the principle of res judicata. The previous arbitration award had finally resolved the dispute of unfair discrimination between the parties, regardless of whether the ground was race or arbitrary. The grounds listed in section 6 of the Employment Equity Act are not separate and distinct causes of action but are pieces of evidence to support the claim of unfair discrimination. Once the dispute of unfair discrimination has been adjudicated, it cannot be relitigated under a different ground, as this would undermine legal certainty and the finality of judgments. The CCMA lacked jurisdiction to entertain the same...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.
  • Each party to pay its own costs.