Mhlongo v Fidelity Springbok Security Services (JS1267/02) [2003] ZALC 142 (5 February 2003)

Mhlongo v Fidelity Springbok Security Services (JS1267/02) [2003] ZALC 142 (5 February 2003)

The Labour Court held that the applicant could not simply file a statement of case in the Labour Court as if the CCMA ruling did not exist. The proper procedure for challenging the CCMA arbitrator's ruling is to bring a review application in terms of section 158(1)(g) of the Labour Relations Act. The arbitrator's ruling is binding until set aside. As the applicant failed to follow the correct procedure, the application was struck from the roll.

Citation
[2003] ZALC 142
Parties
Applicant: Moffat G Mhlongo; Respondent: Fidelity Springbok Security Services
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 February 2003
Case Number
JS1267/02
Procedural Posture
Review Application / Application to Labour Court Following CCMA Arbitration Ruling
Outcome
Application struck from the roll due to procedural non-compliance.
Judges
E Revelas
Legal Topics
Unfair Dismissal, Ccma Arbitration, Review of Arbitration Award
Labour Law Unfair Dismissal Ccma Arbitration Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Moffat G Mhlongo

Applicant

Fidelity Springbok Security Services

Respondent

Procedural Posture

Review Application / Application to Labour Court Following CCMA Arbitration Ruling

Legal Issues

  1. 1 Whether the applicant was dismissed or resigned from employment.
  2. 2 Whether the Labour Court can entertain the matter without first reviewing the CCMA ruling.
  3. 3 Whether the correct procedure was followed by the applicant in challenging the CCMA ruling.

Ratio Decidendi

The Labour Court held that the applicant could not simply file a statement of case in the Labour Court as if the CCMA ruling did not exist. The proper procedure for challenging the CCMA arbitrator's ruling is to bring a review application in terms of section 158(1)(g) of the Labour Relations Act. The arbitrator's ruling is binding until set aside. As the applicant failed to follow the correct procedure, the application was struck from the roll.

Court Disposition

Application struck from the roll due to procedural non-compliance.

Orders

  • The application is struck from the roll.