Ntshangase v Transnet National Ports Authority (P379/12) [2015] ZALCPE 54 (26 June 2015)

Ntshangase v Transnet National Ports Authority (P379/12) [2015] ZALCPE 54 (26 June 2015)

The Labour Court found that, following the applicant's withdrawal of his unfair discrimination claim, no dispute remained before the court that could be referred to arbitration. The unfair labour practice dispute fell under the jurisdiction of the bargaining council, not the Labour Court. Section 158(2)(a) of the Labour Relations Act only applies where it is not clear at the time of referral that the Labour Court lacks jurisdiction. In this case, the applicant had a duty to refer his dispute to the correct forum and, by withdrawing his claim, removed any dispute from the court's jurisdiction. The application to refer the dispute to arbitration was therefore dismissed, and the applicant...

Citation
[2015] ZALCPE 54
Parties
Applicant: Zazi Promatheus Ntshangase; Respondent: Transnet National Ports Authority
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
26 June 2015
Case Number
P379/12
Procedural Posture
Review Application / Application to Refer Dispute to Arbitration After Withdrawal of Claim
Outcome
Application dismissed with costs.
Judges
Lallie
Legal Topics
Unfair Labour Practice, Jurisdiction, Withdrawal of Claim, Referral to Arbitration
Labour Law Civil Procedure Unfair Labour Practice Jurisdiction Withdrawal of Claim Referral to Arbitration

Case Brief

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Parties

Zazi Promatheus Ntshangase

Applicant

Transnet National Ports Authority

Respondent

Procedural Posture

Review Application / Application to Refer Dispute to Arbitration After Withdrawal of Claim

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to refer an unfair labour practice dispute to arbitration after the applicant has withdrawn his claim.
  2. 2 Whether the applicant's dispute can be transferred to the bargaining council under section 158(2)(a) of the Labour Relations Act.
  3. 3 Whether the applicant is liable for costs following the withdrawal and failed application.

Ratio Decidendi

The Labour Court found that, following the applicant's withdrawal of his unfair discrimination claim, no dispute remained before the court that could be referred to arbitration. The unfair labour practice dispute fell under the jurisdiction of the bargaining council, not the Labour Court. Section 158(2)(a) of the Labour Relations Act only applies where it is not clear at the time of referral that the Labour Court lacks jurisdiction. In this case, the applicant had a duty to refer his dispute to the correct forum and, by withdrawing his claim, removed any dispute from the court's jurisdiction. The application to refer the dispute to arbitration was therefore dismissed, and the applicant...

Court Disposition

Application dismissed with costs.

Orders

  • The application to refer the applicant’s unfair labour practice dispute to arbitration is dismissed with costs.
  • The applicant is ordered to pay the respondent’s costs of the exceptions.