Miskey and Others v Maritz NO and Others (C219/2005) [2006] ZALC 97; [2006] 10 BLLR 995 (LC); (2007) 28 ILJ 661 (LC) (29 November 2006)

Miskey and Others v Maritz NO and Others (C219/2005) [2006] ZALC 97; [2006] 10 BLLR 995 (LC); (2007) 28 ILJ 661 (LC) (29 November 2006)

The court held that the applicants were not employees as defined in the Labour Relations Act or the Basic Conditions of Employment Act. Their appointments to the Board were governed by statute, and they operated independently, without direction or control by the department. The legislative framework provided that Board members hold office at the pleasure of the Minister and are not part of the departmental organizational structure. The removal of the applicants was effected by operation of law following the implementation of the National Land Transport Transition Act, which required the establishment of a new, more representative Board. The arbitrator's ruling that the CCMA lacked...

Citation
[2006] ZALC 97
Parties
Applicant: Bernard Ivan Miskey; Applicant: F J Van Zyl; Applicant: J M N Bester; Applicant: C P R Cronje; Applicant: M Ngo N.O.; Respondent: B M Maritz N.O.; Respondent: CCMA (Western Cape); Respondent: The Provincial Government: The Department of Transport, Public Works and Property Management
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 November 2006
Case Number
C219/2005
Procedural Posture
Review Application / Labour Court Review of CCMA Jurisdictional Ruling
Outcome
Application dismissed with costs.
Judges
B R Tokota
Legal Topics
Employee Definition, Jurisdiction of Ccma, Appointment and Removal of Board Members, Operation of Statute, Review of Administrative Action
Labour Law Administrative Law Employee Definition Jurisdiction of Ccma Appointment and Removal of Board Members Operation of Statute Review of Administrative Action

Case Brief

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Parties

Bernard Ivan Miskey

Applicant

F J Van Zyl

Applicant

J M N Bester

Applicant

C P R Cronje

Applicant

M Ngo N.O.

Applicant

B M Maritz N.O.

Respondent

CCMA (Western Cape)

Respondent

The Provincial Government: The Department of Transport, Public Works and Property Management

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the applicants were employees as defined in the Labour Relations Act or other relevant statutes.
  2. 2 Whether the CCMA had jurisdiction to entertain the dispute referred by the applicants.
  3. 3 Whether the arbitrator's ruling was irrational or reviewable on grounds such as bias, misconduct, or acting in excess of powers.

Ratio Decidendi

The court held that the applicants were not employees as defined in the Labour Relations Act or the Basic Conditions of Employment Act. Their appointments to the Board were governed by statute, and they operated independently, without direction or control by the department. The legislative framework provided that Board members hold office at the pleasure of the Minister and are not part of the departmental organizational structure. The removal of the applicants was effected by operation of law following the implementation of the National Land Transport Transition Act, which required the establishment of a new, more representative Board. The arbitrator's ruling that the CCMA lacked...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.