Mawisa v Wilson and Others (C245/97) [1998] ZALC 49 (4 August 1998)

Mawisa v Wilson and Others (C245/97) [1998] ZALC 49 (4 August 1998)

The court held that the applicant failed to make a clear and unequivocal allegation regarding the reason for his dismissal, instead presenting both misconduct and automatically unfair dismissal as possible grounds. This equivocation precluded the CCMA from assuming jurisdiction, as the Labour Relations Act requires the employee to elect the reason for dismissal, which determines the appropriate forum. The Act does not permit a 'shopping list' of allegations that would confer jurisdiction on both the CCMA and the Labour Court for the same dispute. The applicant's approach would lead to intolerable legal results and was not the intention of the legislature. The court found no reasonable...

Citation
[1998] ZALC 49
Parties
Applicant: Sisa Mawisa; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: David Wilson N.O.; Respondent: Irvin and Johnson Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 August 1998
Case Number
C245/97
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
Basson
Legal Topics
Unfair Dismissal, Jurisdiction of Ccma, Automatically Unfair Dismissal, Section 191 Labour Relations Act
Labour Law Civil Procedure Unfair Dismissal Jurisdiction of Ccma Automatically Unfair Dismissal Section 191 Labour Relations Act

Case Brief

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Parties

Sisa Mawisa

Applicant

The Commission for Conciliation, Mediation and Arbitration

Respondent

David Wilson N.O.

Respondent

Irvin and Johnson Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment

Legal Issues

  1. 1 Does the CCMA have jurisdiction to arbitrate the unfair dismissal dispute where the applicant alleges both misconduct and automatically unfair dismissal?
  2. 2 Can an employee present multiple allegations as to the reason for dismissal, thereby conferring jurisdiction on both the CCMA and Labour Court?
  3. 3 Is there a reasonable prospect that another court would reach a different conclusion regarding jurisdiction?

Ratio Decidendi

The court held that the applicant failed to make a clear and unequivocal allegation regarding the reason for his dismissal, instead presenting both misconduct and automatically unfair dismissal as possible grounds. This equivocation precluded the CCMA from assuming jurisdiction, as the Labour Relations Act requires the employee to elect the reason for dismissal, which determines the appropriate forum. The Act does not permit a 'shopping list' of allegations that would confer jurisdiction on both the CCMA and the Labour Court for the same dispute. The applicant's approach would lead to intolerable legal results and was not the intention of the legislature. The court found no reasonable...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.