Pienaar v Stellenbosch University and Another (C 354/2011) [2012] ZALCCT 5; (2012) 33 ILJ 2445 (LC) (13 February 2012)

Pienaar v Stellenbosch University and Another (C 354/2011) [2012] ZALCCT 5; (2012) 33 ILJ 2445 (LC) (13 February 2012)

The Labour Court lacks jurisdiction to determine the applicant's unfair dismissal claim because the dispute falls under section 186(1)(a) of the LRA and should have been referred to arbitration, not the Labour Court. The CCMA commissioner's indication on the certificate of outcome is not determinative of jurisdiction. Prof Chikte was improperly joined as he had no direct and substantial legal interest in the matter. The proceedings are stayed and referred to the CCMA for arbitration to determine the applicant's employment status and the fairness of his dismissal. Costs are awarded against the applicant, but not on a punitive scale, and the applicant's attorney is ordered to pay costs...

Citation
[2012] ZALCCT 5
Parties
Applicant: Abel Jacobus Pienaar; Respondent: Stellenbosch University; Respondent: Prof U Chikte
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
13 February 2012
Case Number
C 354/2011
Procedural Posture
Stay Application / Application for Declaratory and Reinstatement Orders; Special Pleas and Jurisdictional Challenge
Outcome
Proceedings stayed and referred to arbitration; application against second respondent dismissed; costs awarded against applicant and his attorney.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Jurisdiction of Labour Court, Misjoinder, Referral to Arbitration, Costs Orders
Labour Law Civil Procedure Unfair Dismissal Jurisdiction of Labour Court Misjoinder Referral to Arbitration Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Abel Jacobus Pienaar

Applicant

Stellenbosch University

Respondent

Prof U Chikte

Respondent

Procedural Posture

Stay Application / Application for Declaratory and Reinstatement Orders; Special Pleas and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to determine the applicant's unfair dismissal claim.
  2. 2 Whether the joinder of the second respondent, Prof U Chikte, was proper.
  3. 3 Whether the proceedings should be stayed and referred to arbitration.

Ratio Decidendi

The Labour Court lacks jurisdiction to determine the applicant's unfair dismissal claim because the dispute falls under section 186(1)(a) of the LRA and should have been referred to arbitration, not the Labour Court. The CCMA commissioner's indication on the certificate of outcome is not determinative of jurisdiction. Prof Chikte was improperly joined as he had no direct and substantial legal interest in the matter. The proceedings are stayed and referred to the CCMA for arbitration to determine the applicant's employment status and the fairness of his dismissal. Costs are awarded against the applicant, but not on a punitive scale, and the applicant's attorney is ordered to pay costs...

Court Disposition

Proceedings stayed and referred to arbitration; application against second respondent dismissed; costs awarded against applicant and his attorney.

Orders

  • The proceedings between the applicant and the first respondent are stayed and referred to the CCMA for oral evidence to decide whether the applicant was an employee of the University and, if necessary, to decide whether his dismissal was fair.
  • The application against the second respondent is dismissed.