Sifo and Another v Chubby Chick t/a Fourie's Poultry Farm (Pty) Ltd (JS124/19; JS178/19) [2019] ZALCJHB 167 (9 July 2019)

Sifo and Another v Chubby Chick t/a Fourie's Poultry Farm (Pty) Ltd (JS124/19; JS178/19) [2019] ZALCJHB 167 (9 July 2019)

The Labour Court found that both applicants' claims were not properly referred for conciliation and thus the Court lacked jurisdiction to adjudicate them. Sifo's claim regarding disciplinary action and alleged discrimination was already the subject of a pending review application, rendering the matter lis pendens rather than res judicata. The Court held that section 5 of the LRA does not protect employees who fail to comply with employer leave policies when attending CCMA proceedings as witnesses. Lephoi's claim was dismissed as he had applied for and was granted unpaid leave, and the subsequent deduction from his salary was lawful. Both matters were found to be an abuse of process and...

Citation
[2019] ZALCJHB 167
Parties
Applicant: Fusi Elias Sifo; Applicant: Flosi Pule Lephoi; Respondent: Chubby Chick t/a Fourie's Poultry Farm (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 July 2019
Case Number
JS124/19; JS178/19
Procedural Posture
Labour Court Application / Jurisdictional and Preliminary Points
Outcome
Respondent's preliminary points upheld; Labour Court lacks jurisdiction; costs awarded against GIWUSA.
Judges
E Tlhotlhalemaje
Legal Topics
Unfair Labour Practice, Freedom of Association, Jurisdiction of Labour Court, Forum Shopping, Conciliation Requirement, Unlawful Deduction
Labour Law Unfair Labour Practice Freedom of Association Jurisdiction of Labour Court Forum Shopping Conciliation Requirement Unlawful Deduction

Case Brief

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Parties

Fusi Elias Sifo

Applicant

Flosi Pule Lephoi

Applicant

Chubby Chick t/a Fourie's Poultry Farm (Pty) Ltd

Respondent

Procedural Posture

Labour Court Application / Jurisdictional and Preliminary Points

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the applicants' claims which were not referred for conciliation.
  2. 2 Whether the applicants' claims are barred by res judicata or lis pendens due to prior CCMA proceedings and pending review.
  3. 3 Whether the respondent's conduct constituted discrimination or breach of statutory and constitutional rights under section 5 of the LRA and section 23 of the Constitution.

Ratio Decidendi

The Labour Court found that both applicants' claims were not properly referred for conciliation and thus the Court lacked jurisdiction to adjudicate them. Sifo's claim regarding disciplinary action and alleged discrimination was already the subject of a pending review application, rendering the matter lis pendens rather than res judicata. The Court held that section 5 of the LRA does not protect employees who fail to comply with employer leave policies when attending CCMA proceedings as witnesses. Lephoi's claim was dismissed as he had applied for and was granted unpaid leave, and the subsequent deduction from his salary was lawful. Both matters were found to be an abuse of process and...

Court Disposition

Respondent's preliminary points upheld; Labour Court lacks jurisdiction; costs awarded against GIWUSA.

Orders

  • The respondent's preliminary points under case numbers JS 124/2019 and JS 178/19 are upheld.
  • The Court lacks jurisdiction to adjudicate both matters.