Motsomotso v Mogale City Local Municipality (JS 1355/09) [2015] ZALCJHB 169 (26 May 2015)

Motsomotso v Mogale City Local Municipality (JS 1355/09) [2015] ZALCJHB 169 (26 May 2015)

The Labour Court dismissed the application for leave to appeal, finding that the applicant had not referred her discrimination dispute to the CCMA as required by section 10 of the Employment Equity Act. The certificate of outcome issued by the bargaining council related to an unfair labour practice, not discrimination, and could not be used to confer jurisdiction on the Labour Court for a discrimination claim. The Court held that the statutory framework mandates conciliation of discrimination disputes by the CCMA, and bargaining councils lack jurisdiction over such matters. The principles set out in NUMSA v Intervalve were applied, confirming that conciliation is a peremptory prerequisite...

Citation
[2015] ZALCJHB 169
Parties
Applicant: Cynthia Theresia Motsomotso; Respondent: Mogale City Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2015
Case Number
JS 1355/09
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Declining Jurisdiction
Outcome
Application for leave to appeal dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Employment Equity Act, Jurisdiction of Labour Court, Conciliation Requirement, Unfair Discrimination, Review of Arbitration Award
Labour Law Civil Procedure Employment Equity Act Jurisdiction of Labour Court Conciliation Requirement Unfair Discrimination Review of Arbitration Award

Case Brief

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Parties

Cynthia Theresia Motsomotso

Applicant

Mogale City Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Declining Jurisdiction

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to adjudicate an unfair discrimination claim not conciliated by the CCMA.
  2. 2 Whether a certificate of outcome issued by a bargaining council suffices for referral of a discrimination dispute to the Labour Court.
  3. 3 Whether leave to appeal should be granted where jurisdiction was declined on technical grounds.

Ratio Decidendi

The Labour Court dismissed the application for leave to appeal, finding that the applicant had not referred her discrimination dispute to the CCMA as required by section 10 of the Employment Equity Act. The certificate of outcome issued by the bargaining council related to an unfair labour practice, not discrimination, and could not be used to confer jurisdiction on the Labour Court for a discrimination claim. The Court held that the statutory framework mandates conciliation of discrimination disputes by the CCMA, and bargaining councils lack jurisdiction over such matters. The principles set out in NUMSA v Intervalve were applied, confirming that conciliation is a peremptory prerequisite...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.