Nkosi v Putco Limited (JS793/13) [2015] ZALCJHB 380 (22 October 2015)

Nkosi v Putco Limited (JS793/13) [2015] ZALCJHB 380 (22 October 2015)

The Labour Court found that the applicant's dispute was correctly referred to the bargaining council, which had jurisdiction. The council dismissed the dispute when the applicant failed to appear, and the dismissal ruling was neither challenged nor rescinded. The applicant's subsequent referral to the CCMA was not competent, as the bargaining council's ruling remained valid. Section 147 of the LRA does not permit a party to bypass a valid dismissal by a bargaining council and seek relief from the CCMA. The CCMA's actions in granting condonation and directing referral to the Labour Court were defective and of no consequence. The applicant failed to comply with section 191 of the LRA, and...

Citation
[2015] ZALCJHB 380
Parties
Applicant: Abel Doctor Nkosi; Respondent: Putco Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 October 2015
Case Number
JS793/13
Procedural Posture
Interlocutory Application / Points in Limine Regarding Jurisdiction
Outcome
Respondent's point in limine upheld; Labour Court has no jurisdiction; applicant's referral dismissed.
Judges
Van Niekerk
Legal Topics
Jurisdiction of Labour Court, Referral to Bargaining Council, Condonation for Late Referral, Section 191 Lra
Labour Law Civil Procedure Jurisdiction of Labour Court Referral to Bargaining Council Condonation for Late Referral Section 191 Lra

Case Brief

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Parties

Abel Doctor Nkosi

Applicant

Putco Limited

Respondent

Procedural Posture

Interlocutory Application / Points in Limine Regarding Jurisdiction

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to entertain the applicant's referral after dismissal by the bargaining council.
  2. 2 Whether the applicant was entitled to refer the dispute to the CCMA after the bargaining council dismissed the dispute.
  3. 3 Whether the applicant complied with section 191 of the Labour Relations Act regarding referral and condonation.

Ratio Decidendi

The Labour Court found that the applicant's dispute was correctly referred to the bargaining council, which had jurisdiction. The council dismissed the dispute when the applicant failed to appear, and the dismissal ruling was neither challenged nor rescinded. The applicant's subsequent referral to the CCMA was not competent, as the bargaining council's ruling remained valid. Section 147 of the LRA does not permit a party to bypass a valid dismissal by a bargaining council and seek relief from the CCMA. The CCMA's actions in granting condonation and directing referral to the Labour Court were defective and of no consequence. The applicant failed to comply with section 191 of the LRA, and...

Court Disposition

Respondent's point in limine upheld; Labour Court has no jurisdiction; applicant's referral dismissed.

Orders

  • The applicant's referral is dismissed.
  • There is no order as to costs.