Mokae and Others v Department of Economic, Small Business Development, Tourism and Environmental Affairs (P236/15) [2015] ZALCPE 49 (2 December 2015)

Mokae and Others v Department of Economic, Small Business Development, Tourism and Environmental Affairs (P236/15) [2015] ZALCPE 49 (2 December 2015)

The Labour Court does not have jurisdiction to review or set aside the applicants' dismissal under section 17(3) of the Public Service Act because the applicants failed to refer their unfair dismissal dispute to conciliation at the Bargaining Council as required by section 191 of the Labour Relations Act. The pending application for leave to appeal under case number P272/2013 is irrelevant to the employment relationship between the applicants and the respondent, as the respondent was not a party to the agreement or arbitration award in those proceedings. The relief sought by the applicants, including reinstatement and an interdict, cannot be granted in the absence of compliance with the...

Citation
[2015] ZALCPE 49
Parties
Applicant: Masisi Moses Mokae; Applicant: Christine van Heerden; Applicant: Keloapere Dorcas Putsoa; Respondent: Department of Economic, Small Business Development, Tourism and Environmental Affairs
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
2 December 2015
Case Number
P236/15
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Lallie
Legal Topics
Unfair Dismissal, Jurisdiction of Labour Court, Public Service Act Termination, Conciliation Requirement
Labour Law Civil Procedure Unfair Dismissal Jurisdiction of Labour Court Public Service Act Termination Conciliation Requirement

Case Brief

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Parties

Masisi Moses Mokae

Applicant

Christine van Heerden

Applicant

Keloapere Dorcas Putsoa

Applicant

Department of Economic, Small Business Development, Tourism and Environmental Affairs

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to review and set aside the applicants' dismissal under section 17(3) of the Public Service Act without prior referral to conciliation.
  2. 2 Whether the pending application for leave to appeal under case number P272/2013 is relevant to the applicants' employment status with the respondent.
  3. 3 Whether the applicants are entitled to an interdict preventing the respondent from acting against them pending finalisation of the appeal.

Ratio Decidendi

The Labour Court does not have jurisdiction to review or set aside the applicants' dismissal under section 17(3) of the Public Service Act because the applicants failed to refer their unfair dismissal dispute to conciliation at the Bargaining Council as required by section 191 of the Labour Relations Act. The pending application for leave to appeal under case number P272/2013 is irrelevant to the employment relationship between the applicants and the respondent, as the respondent was not a party to the agreement or arbitration award in those proceedings. The relief sought by the applicants, including reinstatement and an interdict, cannot be granted in the absence of compliance with the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.