Telesafe (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR270/06) [2007] ZALCJHB 52 (1 February 2007)

Telesafe (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR270/06) [2007] ZALCJHB 52 (1 February 2007)

The court found that the applicant's participation in the conciliation proceedings rendered the point regarding lack of service of the referral form without merit. However, the court held that the jurisdictional issue raised by the applicant, based on the existence of a Sectoral Determination and a Memorandum of Agreement, was not properly considered by the Commissioner at the time of issuing the Certificate of Outcome. The applicant should have been afforded an opportunity to argue this point in limine. As a result, the Certificate of Outcome was set aside and the matter was referred back to the CCMA for urgent determination of the jurisdictional issue.

Citation
[2007] ZALCJHB 52
Parties
Applicant: Telesafe (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: T Moodley N O; Respondent: Protectors Workers Union
Court
Labour Court Johannesburg
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 back to CCMA for urgent determination of jurisdiction.
Judges
M M Leeuw
Legal Topics
Jurisdiction of Ccma, Sectoral Determination, Certificate of Outcome, Points in Limine
Labour Law Civil Procedure Jurisdiction of Ccma Sectoral Determination Certificate of Outcome 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 Commissioner should be set aside.
  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 (LRA 7.11).

Ratio Decidendi

The court found that the applicant's participation in the conciliation proceedings rendered the point regarding lack of service of the referral form without merit. However, the court held that the jurisdictional issue raised by the applicant, based on the existence of a Sectoral Determination and a Memorandum of Agreement, was not properly considered by the Commissioner at the time of issuing the Certificate of Outcome. The applicant should have been afforded an opportunity to argue this point in limine. As a result, the Certificate of Outcome was set aside and the matter was referred back to the CCMA for urgent determination of the jurisdictional issue.

Court Disposition

Certificate of Outcome set aside; matter referred back to CCMA for urgent determination of jurisdiction.

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.