Selau v Department of Justice and Constitutional Development (J2914/2017) [2021] ZALCJHB 398 (2 November 2021)

Selau v Department of Justice and Constitutional Development (J2914/2017) [2021] ZALCJHB 398 (2 November 2021)

The Labour Court lacks jurisdiction to adjudicate the applicant's claims because disputes regarding unfair dismissal or unfair labour practice arising from non-renewal of a fixed term contract must first be referred to conciliation and, if unresolved, to arbitration in terms of section 191 of the Labour Relations Act. Section 198B does not apply to the applicant as his salary exceeds the statutory threshold and his contract was permitted by statute. The applicant did not follow the prescribed dispute resolution procedures, and the court is precluded by section 157(5) from exercising jurisdiction over such matters. Accordingly, the application was dismissed.

Citation
[2021] ZALCJHB 398
Parties
Applicant: Thapelo Aubrey Selau; Respondent: Department of Justice and Constitutional Development
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 November 2021
Case Number
J2914/2017
Procedural Posture
Urgent Application / Application Dismissed at Hearing Due to Lack of Jurisdiction; Applicant Absent
Outcome
Application dismissed for lack of jurisdiction.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Jurisdiction, Legitimate Expectation, Conciliation and Arbitration
Labour Law Civil Procedure Unfair Dismissal Fixed Term Contracts Jurisdiction Legitimate Expectation Conciliation and Arbitration

Case Brief

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Parties

Thapelo Aubrey Selau

Applicant

Department of Justice and Constitutional Development

Respondent

Procedural Posture

Urgent Application / Application Dismissed at Hearing Due to Lack of Jurisdiction; Applicant Absent

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to adjudicate the applicant's claim of unfair dismissal arising from non-renewal of a fixed term contract?
  2. 2 Is the applicant entitled to permanent employment or a legitimate expectation thereof based on the duration of his fixed term contracts?
  3. 3 Does section 198B of the Labour Relations Act apply to the applicant's circumstances?

Ratio Decidendi

The Labour Court lacks jurisdiction to adjudicate the applicant's claims because disputes regarding unfair dismissal or unfair labour practice arising from non-renewal of a fixed term contract must first be referred to conciliation and, if unresolved, to arbitration in terms of section 191 of the Labour Relations Act. Section 198B does not apply to the applicant as his salary exceeds the statutory threshold and his contract was permitted by statute. The applicant did not follow the prescribed dispute resolution procedures, and the court is precluded by section 157(5) from exercising jurisdiction over such matters. Accordingly, the application was dismissed.

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • The application is dismissed.
  • No order as to costs.