National Union of Mineworkers and Another v Commission for Conciliation, Mediation And Arbitration and Others (JR 1520/11) [2015] ZALCJHB 233 (4 August 2015)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation And Arbitration and Others (JR 1520/11) [2015] ZALCJHB 233 (4 August 2015)

The Labour Court found that the Commissioner had misconstrued and misapplied Rule 25 of the CCMA Rules by permitting a representative who lacked locus standi to appear for the respondent. Although the applicants left the proceedings, which could ordinarily justify dismissal, the central issue was the improper application of the representation rule. The review application was unopposed, and the applicants established sufficient grounds for the ruling to be set aside. The matter was remitted for a fresh hearing before a different Commissioner.

Citation
[2015] ZALCJHB 233
Parties
Applicant: National Union of Mineworkers; Applicant: Nkosi Lucas; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner SS Molapo; Respondent: Stefanutti Stocks
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 August 2015
Case Number
JR 1520/11
Procedural Posture
Review Application / Judgment
Outcome
Application granted; ruling reviewed and set aside; matter remitted for hearing de novo before a different Commissioner.
Judges
Tlhotlhalemaje
Legal Topics
Representation at Ccma, Locus Standi, Review of Arbitration Award, Ccma Rules, Unfair Dismissal
Labour Law Civil Procedure Representation at Ccma Locus Standi Review of Arbitration Award Ccma Rules Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Nkosi Lucas

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner SS Molapo

Respondent

Stefanutti Stocks

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Commissioner misapplied Rule 25 of the CCMA Rules by allowing a representative without locus standi to appear for the respondent.
  2. 2 Whether the dismissal of the applicants' referral in their absence was justified.
  3. 3 Whether the ruling should be reviewed and set aside.

Ratio Decidendi

The Labour Court found that the Commissioner had misconstrued and misapplied Rule 25 of the CCMA Rules by permitting a representative who lacked locus standi to appear for the respondent. Although the applicants left the proceedings, which could ordinarily justify dismissal, the central issue was the improper application of the representation rule. The review application was unopposed, and the applicants established sufficient grounds for the ruling to be set aside. The matter was remitted for a fresh hearing before a different Commissioner.

Court Disposition

Application granted; ruling reviewed and set aside; matter remitted for hearing de novo before a different Commissioner.

Orders

  • The ruling issued by the second respondent on 15 April 2011 under case number GATW9474-10 is reviewed and set aside.
  • The matter is remitted back to the First Respondent to be heard de novo by a Commissioner other than the Second Respondent.