Motaung v Barloworld Equipment (Pty) Ltd and Others (PR97/2018) [2019] ZALCPE 19 (31 October 2019)

Motaung v Barloworld Equipment (Pty) Ltd and Others (PR97/2018) [2019] ZALCPE 19 (31 October 2019)

The court held that the arbitrator's decision to determine the jurisdictional dispute based solely on documentary evidence and written submissions, without hearing oral evidence or having an agreed stated case, was procedurally improper. The factual disputes regarding the applicant's employment status and the effect...

Source-derived case information.

Citation
[2019] ZALCPE 19
Parties
Applicant: Thsepo Timothy Motaung; Respondent: Barloworld Equipment (Pty) Ltd; Respondent: M Van Der Merwe N.O; Respondent: CCMA
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
31 October 2019
Case Number
PR97/2018
Procedural Posture
Review Application / Review of Jurisdictional Ruling by CCMA Arbitrator
Outcome
Jurisdictional ruling set aside; matter remitted to CCMA for rehearing before a different commissioner.
Judges
Van Niekerk
Legal Topics
Jurisdiction of Ccma, Unfair Dismissal, Territorial Jurisdiction, Review of Arbitration Award
Labour Law Civil Procedure Jurisdiction of Ccma Unfair Dismissal Territorial Jurisdiction Review of Arbitration Award

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Summary, issues, holding and outcome

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Parties

Thsepo Timothy Motaung

Applicant

Barloworld Equipment (Pty) Ltd

Respondent

M Van Der Merwe N.O

Respondent

CCMA

Respondent

Procedural Posture

Review Application / Review of Jurisdictional Ruling by CCMA Arbitrator

Legal Issues

  1. 1 Whether the CCMA had territorial jurisdiction to arbitrate the applicant's unfair dismissal dispute.
  2. 2 Whether the arbitrator's reliance on documentary evidence and submissions, without oral evidence or a stated case, was procedurally proper.
  3. 3 Whether the applicant was employed by Barloworld Equipment (Pty) Ltd (South Africa) or Barloworld Equipment Lesotho (Pty) Ltd at the time of dismissal.

Ratio Decidendi

The court held that the arbitrator's decision to determine the jurisdictional dispute based solely on documentary evidence and written submissions, without hearing oral evidence or having an agreed stated case, was procedurally improper. The factual disputes regarding the applicant's employment status and the effect of the transfer letter required oral evidence for proper adjudication. As a result, the jurisdictional ruling was reviewed and set aside, and the matter was remitted to the CCMA for rehearing before a different commissioner. The court made no finding on the merits of the jurisdictional point or the basis for review, limiting its decision to the procedural impropriety.

Court Disposition

Jurisdictional ruling set aside; matter remitted to CCMA for rehearing before a different commissioner.

Orders

  • The jurisdictional ruling issued by the second respondent on 5 March 2018 under case number FSBF 3778-17 is reviewed and set aside.
  • The matter is remitted to the third respondent for rehearing before a different commissioner.