National Transport Movement v Interstate Bus Lines and Another (J292/18) [2021] ZALCJHB 270 (8 September 2021)

National Transport Movement v Interstate Bus Lines and Another (J292/18) [2021] ZALCJHB 270 (8 September 2021)

The Labour Court upheld the respondents' points in limine. The court found that the section 21 dispute concerning organisational rights is pending before the CCMA, and the defence of lis alibi pendens applies. The applicant must exhaust the CCMA proceedings before seeking relief in the Labour Court. Furthermore, the Labour Court lacks jurisdiction over section 21 disputes, which are exclusively within the CCMA's domain. The court held that declaratory relief is inappropriate where alternative remedies exist and are being pursued. Accordingly, the application was dismissed.

Citation
[2021] ZALCJHB 270
Parties
Applicant: National Transport Movement; Respondent: Interstate Bus Lines; Respondent: Gilbert Nomdzinwa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 September 2021
Case Number
J292/18
Procedural Posture
Urgent Application / Application for Declaratory Relief Before Labour Court
Outcome
Application dismissed; no order as to costs.
Judges
Nkutha-Nkontwana
Legal Topics
Organisational Rights, Lis Alibi Pendens, Jurisdiction of Ccma, Declaratory Relief, Collective Bargaining, Alternative Remedies
Labour Law Civil Procedure Organisational Rights Lis Alibi Pendens Jurisdiction of Ccma Declaratory Relief Collective Bargaining Alternative Remedies

Case Brief

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Parties

National Transport Movement

Applicant

Interstate Bus Lines

Respondent

Gilbert Nomdzinwa

Respondent

Procedural Posture

Urgent Application / Application for Declaratory Relief Before Labour Court

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to grant declaratory relief regarding organisational rights when a section 21 dispute is pending before the CCMA.
  2. 2 Whether the defence of lis alibi pendens applies due to the pending CCMA proceedings.
  3. 3 Whether declaratory relief is appropriate when alternative remedies exist under the LRA.

Ratio Decidendi

The Labour Court upheld the respondents' points in limine. The court found that the section 21 dispute concerning organisational rights is pending before the CCMA, and the defence of lis alibi pendens applies. The applicant must exhaust the CCMA proceedings before seeking relief in the Labour Court. Furthermore, the Labour Court lacks jurisdiction over section 21 disputes, which are exclusively within the CCMA's domain. The court held that declaratory relief is inappropriate where alternative remedies exist and are being pursued. Accordingly, the application was dismissed.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.