Mashego v Cellier NO and Others (JR2721/13) [2015] ZALCJHB 415; (2016) 37 ILJ 994 (LC) (26 November 2015)

Mashego v Cellier NO and Others (JR2721/13) [2015] ZALCJHB 415; (2016) 37 ILJ 994 (LC) (26 November 2015)

The commissioner’s first ruling merely struck the matter from the roll and did not constitute a final determination on the merits of the unfair dismissal dispute. Consequently, the doctrine of res judicata did not apply, and the commissioner erred in refusing to re-enrol the dispute for arbitration. The Labour...

Source-derived case information.

Citation
[2015] ZALCJHB 415
Parties
Applicant: Reggy Mashego; Respondent: Commissioner L Cellier N.O.; Respondent: CCMA; Respondent: South African Airways (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 November 2015
Case Number
JR2721/13
Procedural Posture
Review Application / Judgment on Review of CCMA Ruling
Outcome
Application for review granted; CCMA ruling set aside; dispute remitted for arbitration; costs awarded against SAA.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Res Judicata, Ccma Jurisdiction, Review of Arbitration Award, Costs Award
Labour Law Civil Procedure Unfair Dismissal Res Judicata Ccma Jurisdiction Review of Arbitration Award Costs Award

Source-derived case record

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Parties

Reggy Mashego

Applicant

Commissioner L Cellier N.O.

Respondent

CCMA

Respondent

South African Airways (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Ruling

Legal Issues

  1. 1 Whether the CCMA commissioner correctly ruled that the unfair dismissal dispute was res judicata.
  2. 2 Whether the commissioner’s first ruling was final and precluded re-enrolment of the dispute.
  3. 3 Whether the applicant is entitled to have the dispute remitted for arbitration before the CCMA.

Ratio Decidendi

The commissioner’s first ruling merely struck the matter from the roll and did not constitute a final determination on the merits of the unfair dismissal dispute. Consequently, the doctrine of res judicata did not apply, and the commissioner erred in refusing to re-enrol the dispute for arbitration. The Labour Relations Act envisages that unfair dismissal disputes should be resolved in a simple, quick, and inexpensive manner through arbitration. The commissioner’s second ruling deprived the applicant of this statutory right and constituted an error of law. The dispute must therefore be remitted to the CCMA for arbitration before a different commissioner. Furthermore, given the conduct of...

Court Disposition

Application for review granted; CCMA ruling set aside; dispute remitted for arbitration; costs awarded against SAA.

Orders

  • The ruling of Commissioner Lance Cellier dated 22 November 2013 under case number GAEK 3812-13 is reviewed and set aside.
  • The CCMA is directed to set the unfair dismissal dispute referred by the applicant under case number GAEK 3812-13 down for arbitration before a commissioner other than the first respondent.