Nqhome v Commission for Conciliation, Mediation and Arbitration and Another (JR1664/02) [2003] ZALC 165 (29 April 2003)

Nqhome v Commission for Conciliation, Mediation and Arbitration and Another (JR1664/02) [2003] ZALC 165 (29 April 2003)

The court held that the applicant's claim was for remuneration and not for unfair conduct relating to promotion. The evidence did not support that the applicant was formally promoted, and the position in question had been stripped of some functions. The applicant's claim for increased salary was a dispute of right and not an unfair labour practice as contemplated by the Labour Relations Act. The CCMA did not have jurisdiction to adjudicate the claim under its unfair labour practice jurisdiction. Accordingly, the application to review and set aside the arbitration award was dismissed.

Citation
[2003] ZALC 165
Parties
Applicant: Thabo Nqhome; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: South African National Tuberculosis Association; Respondent: Commissioner Mthombeni
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 April 2003
Case Number
JR1664/02
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
A A Landman
Legal Topics
Unfair Labour Practice, Promotion, Remuneration Dispute, Jurisdiction of Ccma
Labour Law Unfair Labour Practice Promotion Remuneration Dispute Jurisdiction of Ccma

Case Brief

Summary, issues, holding and outcome

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Parties

Thabo Nqhome

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

South African National Tuberculosis Association

Respondent

Commissioner Mthombeni

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the failure of the employer to pay the applicant the remuneration attached to the senior position constitutes an unfair labour practice relating to promotion.
  2. 2 Whether the CCMA had jurisdiction to adjudicate the applicant's claim for remuneration under its unfair labour practice jurisdiction.

Ratio Decidendi

The court held that the applicant's claim was for remuneration and not for unfair conduct relating to promotion. The evidence did not support that the applicant was formally promoted, and the position in question had been stripped of some functions. The applicant's claim for increased salary was a dispute of right and not an unfair labour practice as contemplated by the Labour Relations Act. The CCMA did not have jurisdiction to adjudicate the claim under its unfair labour practice jurisdiction. Accordingly, the application to review and set aside the arbitration award was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.