Mukwevho and Another v Eskom Holdings Ltd and Others (JR 1197/2018) [2021] ZALCJHB 27 (4 March 2021)

Mukwevho and Another v Eskom Holdings Ltd and Others (JR 1197/2018) [2021] ZALCJHB 27 (4 March 2021)

The court held that the applicants were not employees at the time the offers of employment were made, but rather prospective employees who accepted the terms offered by Eskom Holdings Ltd. The dispute did not concern promotion of existing employees but rather the initial appointment terms, which falls outside the scope of section 186(2)(a) of the LRA. The arbitrator correctly found that the conduct complained of did not constitute an unfair labour practice relating to promotion. Even if the award were reviewed on the merits, the arbitrator's decision was reasonable, as the applicants voluntarily accepted the offers and only raised grievances years later. The CCMA lacked jurisdiction to...

Citation
[2021] ZALCJHB 27
Parties
Applicant: Hilda Mukwevho; Applicant: Sifiso Mantshintshi; Respondent: Eskom Holdings Ltd; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Commissioner NK Dube N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 March 2021
Case Number
JR 1197/2018
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed with costs, excluding costs for condonation of late filing of answering affidavit.
Judges
Van Niekerk
Legal Topics
Unfair Labour Practice, Promotion, Jurisdiction of Ccma, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Promotion Jurisdiction of Ccma Review of Arbitration Award

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Hilda Mukwevho

Applicant

Sifiso Mantshintshi

Applicant

Eskom Holdings Ltd

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Commissioner NK Dube N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the conduct of the employer constituted an unfair labour practice relating to promotion under section 186(2)(a) of the LRA.
  2. 2 Whether the CCMA had jurisdiction to entertain the dispute when the applicants were not employees at the relevant time.
  3. 3 Whether the arbitrator's award was reasonable and correct.

Ratio Decidendi

The court held that the applicants were not employees at the time the offers of employment were made, but rather prospective employees who accepted the terms offered by Eskom Holdings Ltd. The dispute did not concern promotion of existing employees but rather the initial appointment terms, which falls outside the scope of section 186(2)(a) of the LRA. The arbitrator correctly found that the conduct complained of did not constitute an unfair labour practice relating to promotion. Even if the award were reviewed on the merits, the arbitrator's decision was reasonable, as the applicants voluntarily accepted the offers and only raised grievances years later. The CCMA lacked jurisdiction to...

Court Disposition

Application dismissed with costs, excluding costs for condonation of late filing of answering affidavit.

Orders

  • The application is dismissed.
  • Costs are awarded against the applicants, excluding costs related to the first respondent's condonation application.