Ngutshane v Ariviakom (Pty) Ltd t/a Arivia.Kom (J1067/08) [2008] ZALC 159; [2009] 6 BLLR 541 (LC) ; (2009) 30 ILJ 2135 (LC) (10 November 2008)

Ngutshane v Ariviakom (Pty) Ltd t/a Arivia.Kom (J1067/08) [2008] ZALC 159; [2009] 6 BLLR 541 (LC) ; (2009) 30 ILJ 2135 (LC) (10 November 2008)

The Labour Court does not have jurisdiction to review the dismissal of the applicant, as the substance of the dispute is unfair dismissal, which must be resolved through conciliation and arbitration in accordance with the Labour Relations Act. Section 158(1)(h) of the LRA does not apply where the LRA provides another remedy. Allowing review in the Labour Court would discriminate against private employees and the poor, who do not have access to such remedies. The procedure followed by the employer, including the invitation to make representations, satisfied the requirements of procedural fairness. The applicant declined to participate in the process and cannot complain about not being...

Citation
[2008] ZALC 159
Parties
Applicant: Ann Ngutshane; Respondent: Ariviakom (Pty) Ltd t/a Arivia.Kom; Respondent: Chairperson of the Board (Arivia.Kom); Respondent: Chairperson of the Sub-Committee of the Board
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 November 2008
Case Number
J1067/08
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Pillay D
Legal Topics
Jurisdiction of Labour Court, Unfair Dismissal, Procedural Fairness, Conciliation and Arbitration, Section 158 Lra, Audi Alteram Partem
Labour Law Civil Procedure Jurisdiction of Labour Court Unfair Dismissal Procedural Fairness Conciliation and Arbitration Section 158 Lra Audi Alteram Partem

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Parties

Ann Ngutshane

Applicant

Ariviakom (Pty) Ltd t/a Arivia.Kom

Respondent

Chairperson of the Board (Arivia.Kom)

Respondent

Chairperson of the Sub-Committee of the Board

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to review the dismissal of a public sector employee?
  2. 2 Is the dismissal of the applicant procedurally and substantively unfair?
  3. 3 Is conciliation and arbitration the appropriate remedy for the applicant's dispute?

Ratio Decidendi

The Labour Court does not have jurisdiction to review the dismissal of the applicant, as the substance of the dispute is unfair dismissal, which must be resolved through conciliation and arbitration in accordance with the Labour Relations Act. Section 158(1)(h) of the LRA does not apply where the LRA provides another remedy. Allowing review in the Labour Court would discriminate against private employees and the poor, who do not have access to such remedies. The procedure followed by the employer, including the invitation to make representations, satisfied the requirements of procedural fairness. The applicant declined to participate in the process and cannot complain about not being...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.