Motsomotso v Mogale City Local Municipality (JA44/2015) [2016] ZALAC 48; [2016] 11 BLLR 1146 (LAC); (2016) 37 ILJ 2803 (LAC) (21 July 2016)

Motsomotso v Mogale City Local Municipality (JA44/2015) [2016] ZALAC 48; [2016] 11 BLLR 1146 (LAC); (2016) 37 ILJ 2803 (LAC) (21 July 2016)

The Labour Appeal Court held that the Labour Court correctly found it lacked jurisdiction to adjudicate the unfair discrimination dispute because it was not referred to the CCMA for conciliation as required by section 10 of the Employment Equity Act. The initial dispute referred to the bargaining council was an unfair labour practice, not an unfair discrimination dispute. The certificate of outcome issued by the bargaining council was valid only for the unfair labour practice dispute and did not suffice for the unfair discrimination claim. The Employment Equity Act makes it clear that only the CCMA may attempt to resolve unfair discrimination disputes through conciliation, and bargaining...

Citation
[2016] ZALAC 48
Parties
Appellant: Cynthia Theresia Motsomotso; Respondent: Mogale City Local Municipality
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 July 2016
Case Number
JA44/2015
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with no order as to costs.
Judges
CJ Musi, Sutherland, Murphy
Legal Topics
Employment Equity Act, Unfair Discrimination, Jurisdiction of Ccma, Conciliation Requirement
Labour Law Employment Equity Act Unfair Discrimination Jurisdiction of Ccma Conciliation Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Cynthia Theresia Motsomotso

Appellant

Mogale City Local Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to adjudicate an unfair discrimination dispute not referred to the CCMA for conciliation.
  2. 2 Whether conciliation by a bargaining council suffices for jurisdiction under the Employment Equity Act.
  3. 3 Whether the certificate of outcome issued by the bargaining council vests jurisdiction in the Labour Court.

Ratio Decidendi

The Labour Appeal Court held that the Labour Court correctly found it lacked jurisdiction to adjudicate the unfair discrimination dispute because it was not referred to the CCMA for conciliation as required by section 10 of the Employment Equity Act. The initial dispute referred to the bargaining council was an unfair labour practice, not an unfair discrimination dispute. The certificate of outcome issued by the bargaining council was valid only for the unfair labour practice dispute and did not suffice for the unfair discrimination claim. The Employment Equity Act makes it clear that only the CCMA may attempt to resolve unfair discrimination disputes through conciliation, and bargaining...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.