Moyo v Bull Brands Foods (Pty) Ltd (J 104/09) [2009] ZALC 160; (2010) 31 ILJ 951 (LC) (27 November 2009)

Moyo v Bull Brands Foods (Pty) Ltd (J 104/09) [2009] ZALC 160; (2010) 31 ILJ 951 (LC) (27 November 2009)

The Labour Court does not have jurisdiction to enforce the provisions of the BCEA directly as a court of first instance. The statutory scheme established by Chapter 10 of the BCEA requires that complaints regarding non-payment of notice pay be made to a labour inspector, who may issue a compliance order. Only after the statutory process is followed may the matter be brought before the Labour Court, typically by way of appeal or application to make a compliance order an order of court. The applicant expressly disavowed reliance on a contractual claim under section 77(3), and therefore the Court cannot grant the relief sought. The applicant's claim is misconceived and bypasses the statutory...

Citation
[2009] ZALC 160
Parties
Applicant: Mayo Mtokafona Ephraim; Respondent: Bull Brand Foods (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 November 2009
Case Number
J 104/09
Procedural Posture
Civil Judgment / First Instance
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Basic Conditions of Employment Act, Notice Pay, Jurisdiction of Labour Court, Enforcement Mechanisms, Costs Awards
Labour Law Basic Conditions of Employment Act Notice Pay Jurisdiction of Labour Court Enforcement Mechanisms Costs Awards

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Parties

Mayo Mtokafona Ephraim

Applicant

Bull Brand Foods (Pty) Ltd

Respondent

Procedural Posture

Civil Judgment / First Instance

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to enforce the provisions of the Basic Conditions of Employment Act directly as a court of first instance?
  2. 2 Is the applicant entitled to payment of notice pay under section 37 of the BCEA without first following the statutory enforcement mechanisms?
  3. 3 Should costs be awarded against the applicant or his attorney for instituting misconceived litigation?

Ratio Decidendi

The Labour Court does not have jurisdiction to enforce the provisions of the BCEA directly as a court of first instance. The statutory scheme established by Chapter 10 of the BCEA requires that complaints regarding non-payment of notice pay be made to a labour inspector, who may issue a compliance order. Only after the statutory process is followed may the matter be brought before the Labour Court, typically by way of appeal or application to make a compliance order an order of court. The applicant expressly disavowed reliance on a contractual claim under section 77(3), and therefore the Court cannot grant the relief sought. The applicant's claim is misconceived and bypasses the statutory...

Court Disposition

Application dismissed with costs.

Orders

  • The applicant’s referral is dismissed, with costs.