Riba v Emalahleni Local Municipality (JS98/2019) [2024] ZALCJHB 39 (5 February 2024)

Riba v Emalahleni Local Municipality (JS98/2019) [2024] ZALCJHB 39 (5 February 2024)

The court found that the relevant act or omission constituting unfair discrimination occurred when the position was filled in May 2018. The applicant was required to refer his dispute to the CCMA within six months of that date, but only did so on 7 January 2019, which was outside the statutory period. No condonation application was brought. Accordingly, the Labour Court lacks jurisdiction to adjudicate the referral, rendering it unnecessary to consider the respondent's further points in limine and exceptions.

Citation
[2024] ZALCJHB 39
Parties
Applicant: Seenatso Riba; Respondent: Emalahleni Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 February 2024
Case Number
JS98/2019
Procedural Posture
Labour Court Application / Jurisdictional Challenge and Exceptions
Outcome
Application dismissed for lack of jurisdiction due to late referral.
Judges
Mukome
Legal Topics
Employment Equity Act, Unfair Discrimination, Jurisdiction, Condonation, Pleading Requirements
Labour Law Employment Equity Act Unfair Discrimination Jurisdiction Condonation Pleading Requirements

Case Brief

Summary, issues, holding and outcome

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Parties

Seenatso Riba

Applicant

Emalahleni Local Municipality

Respondent

Procedural Posture

Labour Court Application / Jurisdictional Challenge and Exceptions

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the applicant's unfair discrimination referral given the alleged late referral.
  2. 2 Whether the applicant's statement of case is vague and embarrassing and fails to disclose a cause of action.

Ratio Decidendi

The court found that the relevant act or omission constituting unfair discrimination occurred when the position was filled in May 2018. The applicant was required to refer his dispute to the CCMA within six months of that date, but only did so on 7 January 2019, which was outside the statutory period. No condonation application was brought. Accordingly, the Labour Court lacks jurisdiction to adjudicate the referral, rendering it unnecessary to consider the respondent's further points in limine and exceptions.

Court Disposition

Application dismissed for lack of jurisdiction due to late referral.

Orders

  • The respondent's first point in limine is upheld.
  • The applicant's referral is dismissed.