Mickelet v Tray International Services and Administration (Pty) Ltd (C 717/10) [2011] ZALCCT 41 (6 September 2011)

Mickelet v Tray International Services and Administration (Pty) Ltd (C 717/10) [2011] ZALCCT 41 (6 September 2011)

The Labour Court found that the Bargaining Council did not have jurisdiction to conciliate the dispute because the respondent's operations did not fall within its registered scope. The issuing of a certificate of non-resolution by the commissioner did not confer jurisdiction on the Council or the Labour Court. The jurisdictional challenge was properly raised in limine before the Labour Court, and the absence of a jurisdictional ruling by the commissioner did not cure the defect. Consequently, the Labour Court lacked jurisdiction to hear the unfair dismissal dispute at this stage.

Citation
[2011] ZALCCT 41
Parties
Applicant: Claudia Mickelet; Respondent: Tray International Services and Administration (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
6 September 2011
Case Number
C 717/10
Procedural Posture
Point in Limine / Jurisdictional Challenge Prior to Trial
Outcome
Jurisdictional point in limine upheld; Labour Court has no jurisdiction to hear the unfair dismissal dispute.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Jurisdiction of Bargaining Council, Conciliation Requirement, Section 191 Lra, Certificate of Non Resolution
Labour Law Unfair Dismissal Jurisdiction of Bargaining Council Conciliation Requirement Section 191 Lra Certificate of Non Resolution

Case Brief

Summary, issues, holding and outcome

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Parties

Claudia Mickelet

Applicant

Tray International Services and Administration (Pty) Ltd

Respondent

Procedural Posture

Point in Limine / Jurisdictional Challenge Prior to Trial

Legal Issues

  1. 1 Whether the Bargaining Council had jurisdiction to conciliate the dispute.
  2. 2 Whether the certificate of non-resolution issued by the Bargaining Council conferred jurisdiction on the Labour Court.
  3. 3 Whether the respondent was required to review the issuing of the certificate or could raise the jurisdictional point in limine before the Labour Court.

Ratio Decidendi

The Labour Court found that the Bargaining Council did not have jurisdiction to conciliate the dispute because the respondent's operations did not fall within its registered scope. The issuing of a certificate of non-resolution by the commissioner did not confer jurisdiction on the Council or the Labour Court. The jurisdictional challenge was properly raised in limine before the Labour Court, and the absence of a jurisdictional ruling by the commissioner did not cure the defect. Consequently, the Labour Court lacked jurisdiction to hear the unfair dismissal dispute at this stage.

Court Disposition

Jurisdictional point in limine upheld; Labour Court has no jurisdiction to hear the unfair dismissal dispute.

Orders

  • The point in limine is upheld.
  • This Court has no jurisdiction to hear the unfair dismissal dispute.