Rammekwa v Bophuthatswana Broadcasting Corporation and Another (J324/98) [1998] ZALC 136 (3 March 1998)

Rammekwa v Bophuthatswana Broadcasting Corporation and Another (J324/98) [1998] ZALC 136 (3 March 1998)

The Labour Court's jurisdiction is strictly statutory and does not extend to granting spoliation orders in employment disputes, as there is no provision in the Labour Relations Act conferring such power. The applicant elected to refer the dispute to the CCMA for arbitration, and the Labour Court cannot intervene with interim relief unless the requirements for such relief are met and no alternative remedy exists. In this case, arbitration is available and there is no evidence it cannot be disposed of urgently. The CCMA alone has jurisdiction to determine reinstatement. The application for urgent interim relief, including spoliation and reinstatement, must therefore fail.

Citation
[1998] ZALC 136
Parties
Applicant: Kopano Rammekwa; Respondent: Bophuthatswana Broadcasting Corporation; Respondent: South African Broadcasting Corporation
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
3 March 1998
Case Number
J324/98
Procedural Posture
Urgent Application / Application for Urgent Interim Relief Before Arbitration
Outcome
Application dismissed. Each party to pay their own costs, including reserved costs.
Judges
A A Landman
Legal Topics
Spoliation, Interim Interdict, Jurisdiction of Labour Court, Reinstatement, Arbitration, Employment Status
Labour Law Civil Procedure Spoliation Interim Interdict Jurisdiction of Labour Court Reinstatement Arbitration Employment Status

Case Brief

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Parties

Kopano Rammekwa

Applicant

Bophuthatswana Broadcasting Corporation

Respondent

South African Broadcasting Corporation

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief Before Arbitration

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to grant a spoliation order in employment disputes.
  2. 2 Whether the Labour Court may grant interim relief pending arbitration by the CCMA.
  3. 3 Whether the applicant is entitled to reinstatement pending finalisation of the labour dispute.

Ratio Decidendi

The Labour Court's jurisdiction is strictly statutory and does not extend to granting spoliation orders in employment disputes, as there is no provision in the Labour Relations Act conferring such power. The applicant elected to refer the dispute to the CCMA for arbitration, and the Labour Court cannot intervene with interim relief unless the requirements for such relief are met and no alternative remedy exists. In this case, arbitration is available and there is no evidence it cannot be disposed of urgently. The CCMA alone has jurisdiction to determine reinstatement. The application for urgent interim relief, including spoliation and reinstatement, must therefore fail.

Court Disposition

Application dismissed. Each party to pay their own costs, including reserved costs.

Orders

  • The application is dismissed.
  • Each party is to pay their own costs, including the reserved costs.