Private Security Industry Regulatory Authority v Commission for Conciliation Mediation and Arbitration and Others (J 2641/09) [2011] ZALCJHB 91; (2012) 33 ILJ 961 (LC) (2 November 2011)

Private Security Industry Regulatory Authority v Commission for Conciliation Mediation and Arbitration and Others (J 2641/09) [2011] ZALCJHB 91; (2012) 33 ILJ 961 (LC) (2 November 2011)

The Court found that the employment contract was not terminated by operation of law, as the employer had not received the outcome of the security clearance check from the National Intelligence Agency at the time of termination. The employer's decision to terminate the contract was motivated by a desire to prevent the employee from resuming duties after a lengthy suspension, rather than by the statutory requirement of security clearance. The commissioner’s ruling that the CCMA had jurisdiction to hear the unfair dismissal dispute was reasonable and did not warrant interference. The Court held that the employee was dismissed and that the CCMA was competent to adjudicate the dispute.

Citation
[2011] ZALCJHB 91
Parties
Applicant: Private Security Industry Regulatory Authority; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Seth Abraham Mogapi; Respondent: JM Siavhe N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 November 2011
Case Number
J 2641/09
Procedural Posture
Review Application / Judgment on Review of CCMA Jurisdictional Ruling
Outcome
Review application dismissed with costs; arbitration hearing to proceed.
Judges
Reddy AJ
Legal Topics
Jurisdiction of Ccma, Unfair Dismissal, Review of Arbitration Award, Statutory Employment Conditions
Labour Law Civil Procedure Jurisdiction of Ccma Unfair Dismissal Review of Arbitration Award Statutory Employment Conditions

Case Brief

Summary, issues, holding and outcome

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Parties

Private Security Industry Regulatory Authority

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Seth Abraham Mogapi

Respondent

JM Siavhe N.O

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to hear the unfair dismissal dispute.
  2. 2 Whether the employment contract was terminated by operation of law or by dismissal.
  3. 3 Whether the suspensive or resolutive condition regarding security clearance was fulfilled.

Ratio Decidendi

The Court found that the employment contract was not terminated by operation of law, as the employer had not received the outcome of the security clearance check from the National Intelligence Agency at the time of termination. The employer's decision to terminate the contract was motivated by a desire to prevent the employee from resuming duties after a lengthy suspension, rather than by the statutory requirement of security clearance. The commissioner’s ruling that the CCMA had jurisdiction to hear the unfair dismissal dispute was reasonable and did not warrant interference. The Court held that the employee was dismissed and that the CCMA was competent to adjudicate the dispute.

Court Disposition

Review application dismissed with costs; arbitration hearing to proceed.

Orders

  • The review application is dismissed with costs.
  • The arbitration hearing in respect of the unfair dismissal dispute must be set down for hearing.