NUM obo Khaya and Others v Eskom Holdings SOC Limited and Others (P614/11) [2014] ZALCPE 41 (15 October 2014)

NUM obo Khaya and Others v Eskom Holdings SOC Limited and Others (P614/11) [2014] ZALCPE 41 (15 October 2014)

The Labour Court held that the commissioner’s ruling that the CCMA lacked jurisdiction to arbitrate the dispute was incorrect. The promise made by the manager, although not authorized by the employer’s formal structures, constituted conduct relating to promotion and was sufficient to bestow jurisdiction on the CCMA to arbitrate the dispute as an unfair labour practice. The court emphasized that the enquiry into jurisdiction is distinct from the merits of the dispute and that the CCMA is obliged to arbitrate disputes of right, not merely those based on contractual or statutory entitlements. The delay in filing the review application was found to be reasonable and not prejudicial, and...

Citation
[2014] ZALCPE 41
Parties
Applicant: NUM obo GWANA KHAYA AND 6 OTHERS; Respondent: ESKOM HOLDINGS SOC LIMITED; Respondent: COMMISSIONER DUMISANI SONAMZI; Respondent: THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
15 October 2014
Case Number
P614/11
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation granted; arbitration award reviewed and set aside; matter remitted to CCMA for jurisdictional determination by a different commissioner.
Judges
Lallie
Legal Topics
Unfair Labour Practice, Promotion Dispute, Jurisdiction of Ccma, Condonation of Late Filing
Labour Law Civil Procedure Unfair Labour Practice Promotion Dispute Jurisdiction of Ccma Condonation of Late Filing

Case Brief

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Parties

NUM obo GWANA KHAYA AND 6 OTHERS

Applicant

ESKOM HOLDINGS SOC LIMITED

Respondent

COMMISSIONER DUMISANI SONAMZI

Respondent

THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to arbitrate the applicant's unfair labour practice dispute relating to promotion.
  2. 2 Whether the late filing of the review application should be condoned.
  3. 3 Whether the commissioner's award was reviewable on the basis of incorrect jurisdictional findings.

Ratio Decidendi

The Labour Court held that the commissioner’s ruling that the CCMA lacked jurisdiction to arbitrate the dispute was incorrect. The promise made by the manager, although not authorized by the employer’s formal structures, constituted conduct relating to promotion and was sufficient to bestow jurisdiction on the CCMA to arbitrate the dispute as an unfair labour practice. The court emphasized that the enquiry into jurisdiction is distinct from the merits of the dispute and that the CCMA is obliged to arbitrate disputes of right, not merely those based on contractual or statutory entitlements. The delay in filing the review application was found to be reasonable and not prejudicial, and...

Court Disposition

Application for condonation granted; arbitration award reviewed and set aside; matter remitted to CCMA for jurisdictional determination by a different commissioner.

Orders

  • The application for the late filing of the review application is granted.
  • The arbitration award issued by the second respondent under case number ECEL608/11 and dated 4 October 2011 is reviewed and set aside.