Motor Industry Association obo Members v Big Apple Motors CC (C840/19) [2020] ZALCJHB 28 (6 January 2020)

Motor Industry Association obo Members v Big Apple Motors CC (C840/19) [2020] ZALCJHB 28 (6 January 2020)

The Labour Court lacks jurisdiction to entertain the application because section 189A does not apply to the respondent, who employs only 15 employees. Furthermore, the applicant failed to refer the dispute to conciliation prior to approaching the court, which is a jurisdictional prerequisite in ordinary retrenchment matters. The application was also poorly pleaded and lacked urgency. As a result, the application is dismissed for want of jurisdiction.

Citation
[2020] ZALCJHB 28
Parties
Applicant: Motor Industry Association on behalf of Members; Respondent: Big Apple Motors CC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 January 2020
Case Number
C840/19
Procedural Posture
Urgent Application / Application to Interdict Retrenchment; Unopposed; Heard on Urgent Basis
Outcome
Application dismissed for want of jurisdiction.
Judges
G N Moshoana
Legal Topics
Retrenchment, Jurisdiction of Labour Court, Section 189a Lra, Conciliation Requirement
Labour Law Retrenchment Jurisdiction of Labour Court Section 189a Lra Conciliation Requirement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Motor Industry Association on behalf of Members

Applicant

Big Apple Motors CC

Respondent

Procedural Posture

Urgent Application / Application to Interdict Retrenchment; Unopposed; Heard on Urgent Basis

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to interdict the retrenchment under section 189A of the LRA?
  2. 2 Is the application properly before the court without prior referral to conciliation?
  3. 3 Does section 189A apply to an employer with 15 employees?

Ratio Decidendi

The Labour Court lacks jurisdiction to entertain the application because section 189A does not apply to the respondent, who employs only 15 employees. Furthermore, the applicant failed to refer the dispute to conciliation prior to approaching the court, which is a jurisdictional prerequisite in ordinary retrenchment matters. The application was also poorly pleaded and lacked urgency. As a result, the application is dismissed for want of jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • The application is dismissed for want of jurisdiction.