Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23) [2024] ZALCPE 44 (15 November 2024)

Solontsi v Commission for Conciliation Mediation and Arbitration and Others (PR31/23) [2024] ZALCPE 44 (15 November 2024)

The court found that the commissioner did not commit any gross irregularity or misconduct in reconsidering the applicant's employment status. Commissioner Nyondo's earlier ruling established only a rebuttable presumption under section 200A of the LRA, which allowed the third respondent to present contrary evidence during the arbitration on the merits. The matters before commissioner Nyondo and the commissioner who issued the award were not identical; the latter was required to determine both the fairness of the termination and the true employer. The commissioner conducted the arbitration fairly, guided the applicant, and complied with section 138 of the LRA. The applicant failed to...

Citation
[2024] ZALCPE 44
Parties
Applicant: Jabulile Loli Solontsi; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Mqondisi Nodongwe; Respondent: Nelson Mandela University; Respondent: NEHAWU
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
15 November 2024
Case Number
PR31/23
Procedural Posture
Review Application / Judgment
Outcome
The application for review is dismissed.
Judges
MZN Lallie
Legal Topics
Unfair Dismissal, Functus Officio, Fixed Term Contracts, Presumption of Employment, Arbitration Procedure
Labour Law Civil Procedure Unfair Dismissal Functus Officio Fixed Term Contracts Presumption of Employment Arbitration Procedure

Case Brief

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Parties

Jabulile Loli Solontsi

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Mqondisi Nodongwe

Respondent

Nelson Mandela University

Respondent

NEHAWU

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed gross irregularities or misconduct in reconsidering the applicant's employment status.
  2. 2 Whether the functus officio doctrine precluded the commissioner from determining the applicant's employer.
  3. 3 Whether the commissioner misconceived the nature of the dispute and failed to consider the merits of the unfair dismissal claim.

Ratio Decidendi

The court found that the commissioner did not commit any gross irregularity or misconduct in reconsidering the applicant's employment status. Commissioner Nyondo's earlier ruling established only a rebuttable presumption under section 200A of the LRA, which allowed the third respondent to present contrary evidence during the arbitration on the merits. The matters before commissioner Nyondo and the commissioner who issued the award were not identical; the latter was required to determine both the fairness of the termination and the true employer. The commissioner conducted the arbitration fairly, guided the applicant, and complied with section 138 of the LRA. The applicant failed to...

Court Disposition

The application for review is dismissed.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.