Seeff Residential Properties v Mbhele NO and Others (JR2343/05) [2006] ZALC 67; (2006) 27 ILJ 1940 (LC) (26 May 2006)

Seeff Residential Properties v Mbhele NO and Others (JR2343/05) [2006] ZALC 67; (2006) 27 ILJ 1940 (LC) (26 May 2006)

The commissioner was required by Rule 14 of the CCMA Rules to investigate the jurisdictional objection raised by the applicant before issuing a certificate of outcome. Her failure to do so constituted a reviewable irregularity. The legal effect of a certificate of outcome is limited, as arbitration may proceed after 30 days even if no certificate is issued. The arbitrating commissioner is not bound by the conciliating commissioner's views on jurisdiction. Nonetheless, the commissioner's breach of the mandatory rule vitiates her decision to issue the certificate, and it must be set aside.

Citation
[2006] ZALC 67
Parties
Applicant: Seeff Residential Properties; Respondent: Commissioner N. Mbhele N.O; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Deidre Nadia Smith
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 May 2006
Case Number
JR2343/05
Procedural Posture
Review Application / Judgment
Outcome
The certificate of outcome issued by Commissioner Nomasana Mbhele is reviewed and set aside.
Judges
Freund
Legal Topics
Ccma Jurisdiction, Unfair Dismissal, Review of Certificate of Outcome, Employee Vs Independent Contractor
Labour Law Civil Procedure Ccma Jurisdiction Unfair Dismissal Review of Certificate of Outcome Employee Vs Independent Contractor

Case Brief

Summary, issues, holding and outcome

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Parties

Seeff Residential Properties

Applicant

Commissioner N. Mbhele N.O

Respondent

Commission for Conciliation, Mediation & Arbitration

Respondent

Deidre Nadia Smith

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA commissioner was obliged to investigate jurisdiction before issuing a certificate of outcome.
  2. 2 Whether failure to investigate jurisdiction constitutes a reviewable irregularity.
  3. 3 What is the legal effect of a certificate of outcome in unfair dismissal disputes.

Ratio Decidendi

The commissioner was required by Rule 14 of the CCMA Rules to investigate the jurisdictional objection raised by the applicant before issuing a certificate of outcome. Her failure to do so constituted a reviewable irregularity. The legal effect of a certificate of outcome is limited, as arbitration may proceed after 30 days even if no certificate is issued. The arbitrating commissioner is not bound by the conciliating commissioner's views on jurisdiction. Nonetheless, the commissioner's breach of the mandatory rule vitiates her decision to issue the certificate, and it must be set aside.

Court Disposition

The certificate of outcome issued by Commissioner Nomasana Mbhele is reviewed and set aside.

Orders

  • The certificate of outcome issued by Commissioner Nomasana Mbhele dated 29 August 2005 under case number: GAJB 20341/05 is reviewed and set aside.
  • No order as to costs.