Strautmann v Silver Meadows Trading 99 CC (Pty) Ltd t/a Mugg and Bean Suncoat and Others (D412/07) [2009] ZALC 60; [2009] 10 BLLR 1007 (LC); (2009) 30 ILJ 2968 (LC) (9 June 2009)

Strautmann v Silver Meadows Trading 99 CC (Pty) Ltd t/a Mugg and Bean Suncoat and Others (D412/07) [2009] ZALC 60; [2009] 10 BLLR 1007 (LC); (2009) 30 ILJ 2968 (LC) (9 June 2009)

The court held that the second respondent committed a reviewable irregularity by treating the certificate of outcome as a jurisdictional ruling. The certificate of outcome merely records that the dispute remains unresolved and any classification or indication of recourse is not legally binding. There was no evidence before the second respondent to establish that a jurisdictional ruling had been made by the previous commissioner. The second respondent's ruling that the CCMA was functus officio was therefore without proper basis and must be reviewed and set aside. The matter is remitted to the CCMA for arbitration before a different commissioner, and the first respondent is ordered to pay...

Citation
[2009] ZALC 60
Parties
Applicant: Ingo Strautmann; Respondent: Silver Meadows Trading 99 (Pty) Ltd t/a Mugg and Bean Suncoast; Respondent: Commissioner B Pillemer; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 June 2009
Case Number
D412/07
Procedural Posture
Review Application / Judgment After Review of CCMA Jurisdictional Ruling
Outcome
The second respondent's jurisdictional ruling is reviewed and set aside. The matter is remitted to the CCMA for arbitration de novo before a different commissioner. The first respondent is ordered to pay the costs of the application.
Judges
Van Niekerk
Legal Topics
Ccma Jurisdiction, Automatically Unfair Dismissal, Section 197 Transfer, Review of Arbitration Award
Labour Law Civil Procedure Ccma Jurisdiction Automatically Unfair Dismissal Section 197 Transfer Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Ingo Strautmann

Applicant

Silver Meadows Trading 99 (Pty) Ltd t/a Mugg and Bean Suncoast

Respondent

Commissioner B Pillemer

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment After Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the certificate of outcome issued by the CCMA commissioner constituted a binding jurisdictional ruling.
  2. 2 Whether the second respondent committed a reviewable irregularity by relying on the certificate of outcome as a jurisdictional ruling.
  3. 3 Whether the CCMA was functus officio and precluded from arbitrating the dismissal dispute.

Ratio Decidendi

The court held that the second respondent committed a reviewable irregularity by treating the certificate of outcome as a jurisdictional ruling. The certificate of outcome merely records that the dispute remains unresolved and any classification or indication of recourse is not legally binding. There was no evidence before the second respondent to establish that a jurisdictional ruling had been made by the previous commissioner. The second respondent's ruling that the CCMA was functus officio was therefore without proper basis and must be reviewed and set aside. The matter is remitted to the CCMA for arbitration before a different commissioner, and the first respondent is ordered to pay...

Court Disposition

The second respondent's jurisdictional ruling is reviewed and set aside. The matter is remitted to the CCMA for arbitration de novo before a different commissioner. The first respondent is ordered to pay the costs of the application.

Orders

  • The second respondent's ruling dated 3 June 2007 is reviewed and set aside.
  • The matter is remitted back to the CCMA for an arbitration hearing de novo before a different commissioner.