SAMWU obo Mogorosi and Others v South African Local Government Bargaining Council and Others (Jr1528/2020) [2025] ZALCJHB 26 (24 January 2025)

SAMWU obo Mogorosi and Others v South African Local Government Bargaining Council and Others (Jr1528/2020) [2025] ZALCJHB 26 (24 January 2025)

The Labour Court determined that the correct date of dismissal for the applicants was 27 June 2019, when they were informed by the third respondent that their two-year fixed term contracts would not be renewed and were offered a less favourable three-month contract. The referral of the unfair dismissal dispute to the Bargaining Council was made more than four months after this date, without any application for condonation. As a result, the Council lacked jurisdiction to arbitrate the dispute, and the commissioner exceeded his powers by proceeding with arbitration. The arbitration award was therefore reviewed and set aside.

Citation
[2025] ZALCJHB 26
Parties
Applicant: SAMWU obo C Mogorosi and 15 Others; Respondent: South African Local Government Bargaining Council; Respondent: Tiyani Makhubela N.O.; Respondent: Rand West City Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 January 2025
Case Number
Jr1528/2020
Procedural Posture
Review Application / Judgment on Review Application
Outcome
The arbitration award is reviewed and set aside due to lack of jurisdiction; no order as to costs.
Judges
Molotsi
Legal Topics
Late Referral, Jurisdiction of Bargaining Council, Fixed Term Contracts, Condonation, Unfair Dismissal
Labour Law Civil Procedure Late Referral Jurisdiction of Bargaining Council Fixed Term Contracts Condonation Unfair Dismissal

Case Brief

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Parties

SAMWU obo C Mogorosi and 15 Others

Applicant

South African Local Government Bargaining Council

Respondent

Tiyani Makhubela N.O.

Respondent

Rand West City Municipality

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the South African Local Government Bargaining Council had jurisdiction to arbitrate the dispute given the late referral.
  2. 2 What is the correct date of dismissal for purposes of section 190 of the Labour Relations Act.
  3. 3 Whether the arbitration award should be reviewed and set aside due to lack of jurisdiction.

Ratio Decidendi

The Labour Court determined that the correct date of dismissal for the applicants was 27 June 2019, when they were informed by the third respondent that their two-year fixed term contracts would not be renewed and were offered a less favourable three-month contract. The referral of the unfair dismissal dispute to the Bargaining Council was made more than four months after this date, without any application for condonation. As a result, the Council lacked jurisdiction to arbitrate the dispute, and the commissioner exceeded his powers by proceeding with arbitration. The arbitration award was therefore reviewed and set aside.

Court Disposition

The arbitration award is reviewed and set aside due to lack of jurisdiction; no order as to costs.

Orders

  • The arbitration award issued by the second respondent dated 7 September 2020 under case number GPD111904 is reviewed and set aside.
  • The first respondent did not have jurisdiction to arbitrate the dispute as the referral was made late.