Molemi and Others v Hellmann Parcel Systems (Pty) Ltd (J 437/98) [1999] ZALC 90 (4 June 1999)

Molemi and Others v Hellmann Parcel Systems (Pty) Ltd (J 437/98) [1999] ZALC 90 (4 June 1999)

The Labour Court held that section 191(1) of the Labour Relations Act requires a dispute about the fairness of a dismissal to be referred for conciliation after the dismissal has taken place. The referral made by the union to the Bargaining Council occurred before the applicants were dismissed and concerned impending retrenchments and outsourcing, not the actual dismissals. The subsequent certificate issued by the Council described the dispute as relating to unilateral changes to conditions of employment. The applicants failed to refer the unfair dismissal dispute for conciliation after their dismissal, which is a jurisdictional prerequisite for adjudication by the Labour Court. The court...

Citation
[1999] ZALC 90
Parties
Applicant: Abel Molemi & 48 Others; Respondent: Hellmann Parcel Systems (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 June 1999
Case Number
J 437/98
Procedural Posture
Civil Jurisdictional Point / Point in Limine on Jurisdiction Argued Before Trial of Merits
Outcome
Point in limine upheld; Labour Court lacks jurisdiction to adjudicate the unfair dismissal dispute.
Judges
Seady
Legal Topics
Unfair Dismissal, Jurisdiction of Labour Court, Conciliation Requirement, Operational Requirements Retrenchment
Labour Law Civil Procedure Unfair Dismissal Jurisdiction of Labour Court Conciliation Requirement Operational Requirements Retrenchment

Case Brief

Summary, issues, holding and outcome

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Parties

Abel Molemi & 48 Others

Applicant

Hellmann Parcel Systems (Pty) Ltd

Respondent

Procedural Posture

Civil Jurisdictional Point / Point in Limine on Jurisdiction Argued Before Trial of Merits

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the unfair dismissal dispute where the dispute was not referred for conciliation after dismissal.
  2. 2 Whether the referral to the Bargaining Council prior to dismissal satisfies the requirements of section 191 of the Labour Relations Act.

Ratio Decidendi

The Labour Court held that section 191(1) of the Labour Relations Act requires a dispute about the fairness of a dismissal to be referred for conciliation after the dismissal has taken place. The referral made by the union to the Bargaining Council occurred before the applicants were dismissed and concerned impending retrenchments and outsourcing, not the actual dismissals. The subsequent certificate issued by the Council described the dispute as relating to unilateral changes to conditions of employment. The applicants failed to refer the unfair dismissal dispute for conciliation after their dismissal, which is a jurisdictional prerequisite for adjudication by the Labour Court. The court...

Court Disposition

Point in limine upheld; Labour Court lacks jurisdiction to adjudicate the unfair dismissal dispute.

Orders

  • The point in limine is upheld.
  • No order as to costs is made.