Qube Systems (Pty) Ltd and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR2186/11) [2015] ZALCJHB 431 (15 December 2015)

Qube Systems (Pty) Ltd and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR2186/11) [2015] ZALCJHB 431 (15 December 2015)

The application for leave to appeal is dismissed because there are no reasonable prospects of success. The claims against the second, third, and fourth applicants were not formally referred for conciliation, as required by statute, and thus cannot be entertained. The notion of joint employment is not recognised in the absence of a specific agreement regulating control, and the only basis for relief against the first applicant was an admission that it was the employer. The termination of employment was found to be substantively fair, as Moen's conduct demonstrated a lack of judgment and unauthorised actions that justified dismissal. No court on appeal could reasonably be expected to...

Citation
[2015] ZALCJHB 431
Parties
Applicant: Qube Systems (Pty) Ltd; Applicant: Qube Manufacture (Pty) Ltd; Applicant: Qube Technical Services (Pty) Ltd; Applicant: Qube Property Holdings (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Katlholo Wabile N.O.; Respondent: Henk Moen
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 December 2015
Case Number
JR2186/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment in Review Proceedings
Outcome
Application for leave to appeal dismissed with costs.
Judges
Brassey
Legal Topics
Unfair Dismissal, Joint Employment, Conciliation Referral, Substantive Fairness, Costs Award
Labour Law Civil Procedure Unfair Dismissal Joint Employment Conciliation Referral Substantive Fairness Costs Award

Case Brief

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Parties

Qube Systems (Pty) Ltd

Applicant

Qube Manufacture (Pty) Ltd

Applicant

Qube Technical Services (Pty) Ltd

Applicant

Qube Property Holdings (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Katlholo Wabile N.O.

Respondent

Henk Moen

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment in Review Proceedings

Legal Issues

  1. 1 Whether there are reasonable prospects of success for an appeal against the judgment handed down on 16 September 2015.
  2. 2 Whether claims against the second, third, and fourth applicants were properly referred for conciliation.
  3. 3 Whether joint employment by all four applicants was established.

Ratio Decidendi

The application for leave to appeal is dismissed because there are no reasonable prospects of success. The claims against the second, third, and fourth applicants were not formally referred for conciliation, as required by statute, and thus cannot be entertained. The notion of joint employment is not recognised in the absence of a specific agreement regulating control, and the only basis for relief against the first applicant was an admission that it was the employer. The termination of employment was found to be substantively fair, as Moen's conduct demonstrated a lack of judgment and unauthorised actions that justified dismissal. No court on appeal could reasonably be expected to...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.