Rustenburg Platinum Mines Limited (Rustenburg Section) v Monnapula (J5193/00) [2003] ZALC 78; [2003] 9 BLLR 909 (LC) (9 July 2003)

Rustenburg Platinum Mines Limited (Rustenburg Section) v Monnapula (J5193/00) [2003] ZALC 78; [2003] 9 BLLR 909 (LC) (9 July 2003)

The court held that the referral to the CCMA by the 2nd to 17th respondents was valid as a joint referral, even though only the 1st respondent signed the form, because the details of all affected employees were attached and the referral was made in accordance with the directions on the prescribed form. The Commissioner had jurisdiction to conciliate the dispute. The certificate of non-resolution was properly issued, as the applicant's refusal to proceed with conciliation rendered the dispute unresolved. The delay of more than three months in bringing the review application was unreasonable and not condoned, as no explanation or application for condonation was provided. The application for...

Citation
[2003] ZALC 78
Parties
Applicant: Rustenburg Platinum Mines Limited (Rustenburg Section); Respondent: S Monnapula & Sixteen Others (1st to 17th Respondents); Respondent: L L Lebelo (18th Respondent); Respondent: The Commission for Conciliation, Mediation and Arbitration (19th Respondent)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 July 2003
Case Number
J5193/00
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs awarded to the 1st to 17th respondents for legal representation up to the withdrawal of their attorneys.
Judges
P. A. L Gamble
Legal Topics
Referral of Dispute, Conciliation Procedure, Certificate of Outcome, Review of Administrative Action, Mass Dismissal
Labour Law Civil Procedure Referral of Dispute Conciliation Procedure Certificate of Outcome Review of Administrative Action Mass Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Rustenburg Platinum Mines Limited (Rustenburg Section)

Applicant

S Monnapula & Sixteen Others (1st to 17th Respondents)

Respondent

L L Lebelo (18th Respondent)

Respondent

The Commission for Conciliation, Mediation and Arbitration (19th Respondent)

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the 2nd to 17th respondents properly referred their dispute to the CCMA despite not signing the referral form.
  2. 2 Whether the certificate of non-resolution issued by the Commissioner was valid and reviewable.
  3. 3 Whether the delay in bringing the review application was reasonable and condonable.

Ratio Decidendi

The court held that the referral to the CCMA by the 2nd to 17th respondents was valid as a joint referral, even though only the 1st respondent signed the form, because the details of all affected employees were attached and the referral was made in accordance with the directions on the prescribed form. The Commissioner had jurisdiction to conciliate the dispute. The certificate of non-resolution was properly issued, as the applicant's refusal to proceed with conciliation rendered the dispute unresolved. The delay of more than three months in bringing the review application was unreasonable and not condoned, as no explanation or application for condonation was provided. The application for...

Court Disposition

Application dismissed with costs awarded to the 1st to 17th respondents for legal representation up to the withdrawal of their attorneys.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of suit of the 1st to 17th respondents incurred up to the withdrawal of their former attorneys of record.