Motlhoioa v Council for Scientific Research and Industrial Research (JS614/20) [2021] ZALCJHB 340 (6 October 2021)

Motlhoioa v Council for Scientific Research and Industrial Research (JS614/20) [2021] ZALCJHB 340 (6 October 2021)

The Labour Court does not lack jurisdiction to adjudicate the unfair discrimination dispute, even though only an unfair labour practice dispute was referred to the CCMA, as the substance of the dispute conciliated is determinative. The Court cannot presently determine whether it has jurisdiction over the automatically unfair dismissal dispute due to lack of evidence regarding what was conciliated, but this issue may be resolved at trial through evidence, including testimony from the CCMA commissioner. The referral of the dispute to the CCMA was not premature, as the alleged dismissal had occurred before conciliation. The Court exercises its discretion to allow evidence from the...

Citation
[2021] ZALCJHB 340
Parties
Applicant: Ratile Motlhoioa; Respondent: Council for Scientific Research and Industrial Research
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 October 2021
Case Number
JS614/20
Procedural Posture
Special Plea / Pre Trial Determination of Special Pleas
Outcome
The first part of the Respondent’s second special plea is referred for determination at trial through evidence; the second part of the special plea is dismissed. No order as to costs.
Judges
Sass
Legal Topics
Automatically Unfair Dismissal, Unfair Discrimination, Jurisdiction of Labour Court, Conciliation Procedure, Age Discrimination
Labour Law Automatically Unfair Dismissal Unfair Discrimination Jurisdiction of Labour Court Conciliation Procedure Age Discrimination

Case Brief

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Parties

Ratile Motlhoioa

Applicant

Council for Scientific Research and Industrial Research

Respondent

Procedural Posture

Special Plea / Pre Trial Determination of Special Pleas

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate an automatically unfair dismissal dispute where the dispute was not specifically referred to conciliation by the CCMA.
  2. 2 Whether the referral of the dispute to the CCMA was premature, given that it occurred before the alleged dismissal date.
  3. 3 Whether the Applicant's age formed the basis for both the unfair discrimination and automatically unfair dismissal claims.

Ratio Decidendi

The Labour Court does not lack jurisdiction to adjudicate the unfair discrimination dispute, even though only an unfair labour practice dispute was referred to the CCMA, as the substance of the dispute conciliated is determinative. The Court cannot presently determine whether it has jurisdiction over the automatically unfair dismissal dispute due to lack of evidence regarding what was conciliated, but this issue may be resolved at trial through evidence, including testimony from the CCMA commissioner. The referral of the dispute to the CCMA was not premature, as the alleged dismissal had occurred before conciliation. The Court exercises its discretion to allow evidence from the...

Court Disposition

The first part of the Respondent’s second special plea is referred for determination at trial through evidence; the second part of the special plea is dismissed. No order as to costs.

Orders

  • The first special plea regarding late referral is subject to an opposed condonation application and will not be determined at this stage; the Registrar is to enroll the condonation application on the opposed roll.
  • Should condonation be granted, the second special plea is referred for determination through evidence as a preliminary point at trial.