Mashego v Multi-hire (Pty) Ltd (J166/99) [1999] ZALC 146 (17 September 1999)

Mashego v Multi-hire (Pty) Ltd (J166/99) [1999] ZALC 146 (17 September 1999)

The court found that the applicant failed to allege facts bringing her dismissal within the grounds contemplated by section 191(5) of the Labour Relations Act. There was no indication that the dispute had been referred to the relevant bargaining council or the CCMA for conciliation, as required by law. Consequently, the Labour Court lacked jurisdiction to entertain the matter. The application was dismissed on this jurisdictional ground. Additionally, the court noted the dereliction of duty by the applicant's attorney and ordered that the judgment be forwarded to the Legal Aid Board for possible disciplinary action.

Citation
[1999] ZALC 146
Parties
Applicant: Khensiwe Mashego; Respondent: Multi-hire (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 September 1999
Case Number
J166/99
Procedural Posture
Urgent Application / Application Dismissed on Jurisdictional Point
Outcome
Application dismissed for lack of jurisdiction.
Judges
Brassey
Legal Topics
Unfair Dismissal, Jurisdiction, Audi Alteram Partem, Conciliation Requirement
Labour Law Civil Procedure Unfair Dismissal Jurisdiction Audi Alteram Partem Conciliation Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Khensiwe Mashego

Applicant

Multi-hire (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application Dismissed on Jurisdictional Point

Legal Issues

  1. 1 Whether the applicant's dismissal constituted unfair dismissal under the Labour Relations Act.
  2. 2 Whether the Labour Court had jurisdiction to hear the matter without prior referral to the bargaining council or CCMA.
  3. 3 Whether the applicant was denied a hearing in breach of the audi alteram partem rule.

Ratio Decidendi

The court found that the applicant failed to allege facts bringing her dismissal within the grounds contemplated by section 191(5) of the Labour Relations Act. There was no indication that the dispute had been referred to the relevant bargaining council or the CCMA for conciliation, as required by law. Consequently, the Labour Court lacked jurisdiction to entertain the matter. The application was dismissed on this jurisdictional ground. Additionally, the court noted the dereliction of duty by the applicant's attorney and ordered that the judgment be forwarded to the Legal Aid Board for possible disciplinary action.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • The application is dismissed.
  • This judgment must be typed and submitted to the Director of the Legal Aid Board for attention regarding the conduct of Mr Creswick.