SACTWU and Others v Capacity (Pty) Ltd and Others (D659/15) [2017] ZALCD 25 (18 December 2017)

SACTWU and Others v Capacity (Pty) Ltd and Others (D659/15) [2017] ZALCD 25 (18 December 2017)

The Labour Court held that section 191(11) of the Labour Relations Act clearly and unequivocally provides that a referral to the Labour Court for adjudication must be made within 90 days after the commissioner has certified that the dispute remains unresolved. The Court distinguished the time limits applicable to referrals to arbitration from those applicable to referrals to adjudication, finding that the respondents' reliance on Manentza was misplaced as it dealt with arbitration, not adjudication. The Court accepted the applicants' argument that the 90-day period commenced only once the CCMA had granted condonation and issued the certificate of outcome. Since the referral to the Labour...

Citation
[2017] ZALCD 25
Parties
Applicant: SACTWU; Applicant: Msomi & 273 Others; Respondent: Capacity (Pty) Ltd; Respondent: Transman (Pty) Ltd; Respondent: Capital Outsourcing (Pty) Ltd; Respondent: Edcon (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
18 December 2017
Case Number
D659/15
Procedural Posture
Point in Limine / Pre Trial Determination of Jurisdiction and Condonation
Outcome
The respondents' point in limine is dismissed with costs.
Judges
D H Gush
Legal Topics
Unfair Dismissal, Condonation, Jurisdiction of Labour Court, Late Referral, Section 191 Lra
Labour Law Civil Procedure Unfair Dismissal Condonation Jurisdiction of Labour Court Late Referral Section 191 Lra

Case Brief

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Parties

SACTWU

Applicant

Msomi & 273 Others

Applicant

Capacity (Pty) Ltd

Respondent

Transman (Pty) Ltd

Respondent

Capital Outsourcing (Pty) Ltd

Respondent

Edcon (Pty) Ltd

Respondent

Procedural Posture

Point in Limine / Pre Trial Determination of Jurisdiction and Condonation

Legal Issues

  1. 1 Whether the applicants' referral to the Labour Court was out of time under section 191(11) of the Labour Relations Act.
  2. 2 Whether condonation for late filing was necessary for the Labour Court to have jurisdiction.
  3. 3 Whether the respondents' point in limine regarding late referral should be upheld.

Ratio Decidendi

The Labour Court held that section 191(11) of the Labour Relations Act clearly and unequivocally provides that a referral to the Labour Court for adjudication must be made within 90 days after the commissioner has certified that the dispute remains unresolved. The Court distinguished the time limits applicable to referrals to arbitration from those applicable to referrals to adjudication, finding that the respondents' reliance on Manentza was misplaced as it dealt with arbitration, not adjudication. The Court accepted the applicants' argument that the 90-day period commenced only once the CCMA had granted condonation and issued the certificate of outcome. Since the referral to the Labour...

Court Disposition

The respondents' point in limine is dismissed with costs.

Orders

  • The respondents' point in limine is dismissed.
  • The respondents are ordered to pay the costs of the application.