Telesafe (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR270/06) [2007] ZALC 154 (1 February 2007)

Telesafe (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR270/06) [2007] ZALC 154 (1 February 2007)

The court found that the applicant's participation in the conciliation process rendered the objection regarding service of the referral form without merit. However, the court held that the applicant should have been afforded an opportunity to argue the jurisdictional point, particularly in light of the Memorandum of Agreement and the existence of a Sectoral Determination in the Private Security Sector. The Commissioner was not aware of the Memorandum at the time of issuing the certificate, and thus did not make an informed decision on jurisdiction. The Certificate of Outcome was set aside and the matter referred back to the CCMA for urgent determination of the jurisdictional issue.

Citation
[2007] ZALC 154
Parties
Applicant: Telesafe (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: T Moodley N O; Respondent: Protectors Workers Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 February 2007
Case Number
JR270/06
Procedural Posture
Review Application / Judgment
Outcome
Certificate of Outcome set aside; matter referred to CCMA for urgent determination of jurisdictional issue; each party to pay its own costs.
Judges
M M Leeuw
Legal Topics
Certificate of Outcome, Jurisdiction of Ccma, Sectoral Determination, Points in Limine
Labour Law Civil Procedure Certificate of Outcome Jurisdiction of Ccma Sectoral Determination Points in Limine

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Telesafe (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

T Moodley N O

Respondent

Protectors Workers Union

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Certificate of Outcome issued by the CCMA was validly granted in the absence of the applicant.
  2. 2 Whether the CCMA had jurisdiction to conciliate the dispute given the existence of a Sectoral Determination in the Private Security Sector.
  3. 3 Whether the applicant was properly served with the Referral of Dispute form.

Ratio Decidendi

The court found that the applicant's participation in the conciliation process rendered the objection regarding service of the referral form without merit. However, the court held that the applicant should have been afforded an opportunity to argue the jurisdictional point, particularly in light of the Memorandum of Agreement and the existence of a Sectoral Determination in the Private Security Sector. The Commissioner was not aware of the Memorandum at the time of issuing the certificate, and thus did not make an informed decision on jurisdiction. The Certificate of Outcome was set aside and the matter referred back to the CCMA for urgent determination of the jurisdictional issue.

Court Disposition

Certificate of Outcome set aside; matter referred to CCMA for urgent determination of jurisdictional issue; each party to pay its own costs.

Orders

  • The Certificate of Outcome dated 26 January 2006 is set aside.
  • The matter is referred to the CCMA for the purpose of determining the jurisdictional issue.