Phokane v Bokoni Platinum Mines and Others (J 3729/18) [2021] ZALCJHB 123 (19 June 2021)

Phokane v Bokoni Platinum Mines and Others (J 3729/18) [2021] ZALCJHB 123 (19 June 2021)

The Labour Court found that it lacked jurisdiction to entertain the applicant's claim, as the dispute regarding the interpretation and application of the retrenchment agreement should have been referred to the CCMA under section 186(2)(c) of the LRA. The applicant failed to pursue a review of the CCMA's jurisdictional ruling and did not establish any substantive right under the LRA for the relief sought. Furthermore, the matter was moot because the fixed-term contracts of the respondents had expired, and any order would have no practical effect. The applicant did not seek reinstatement or appointment, only a declaratory order, which was inappropriate given the existence of alternative...

Citation
[2021] ZALCJHB 123
Parties
Applicant: Jacob Mokgalabje Phokane; Respondent: Bokoni Platinum Mines; Respondent: Makgabisa Pauline Malebye; Respondent: Malesela Jack Molebane; Respondent: Madimetja Mabuela
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 June 2021
Case Number
J 3729/18
Procedural Posture
Urgent Application / Opposed Motion for Declaratory Relief
Outcome
Application dismissed with costs.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Labour Practice, Jurisdiction of Ccma, Mootness, Declaratory Relief, Section 189 Retrenchment, Interpretation of Agreement
Labour Law Civil Procedure Unfair Labour Practice Jurisdiction of Ccma Mootness Declaratory Relief Section 189 Retrenchment Interpretation of Agreement

Case Brief

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Parties

Jacob Mokgalabje Phokane

Applicant

Bokoni Platinum Mines

Respondent

Makgabisa Pauline Malebye

Respondent

Malesela Jack Molebane

Respondent

Madimetja Mabuela

Respondent

Procedural Posture

Urgent Application / Opposed Motion for Declaratory Relief

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to grant the relief sought by the applicant under the retrenchment agreement.
  2. 2 Whether the applicant established a substantive right to be appointed or to have the respondents' appointments declared unlawful.
  3. 3 Whether the matter is moot due to the expiry of the fixed-term contracts in question.

Ratio Decidendi

The Labour Court found that it lacked jurisdiction to entertain the applicant's claim, as the dispute regarding the interpretation and application of the retrenchment agreement should have been referred to the CCMA under section 186(2)(c) of the LRA. The applicant failed to pursue a review of the CCMA's jurisdictional ruling and did not establish any substantive right under the LRA for the relief sought. Furthermore, the matter was moot because the fixed-term contracts of the respondents had expired, and any order would have no practical effect. The applicant did not seek reinstatement or appointment, only a declaratory order, which was inappropriate given the existence of alternative...

Court Disposition

Application dismissed with costs.

Orders

  • The applicant's application is dismissed with costs.