Telkom SA Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1124/12) [2014] ZALCJHB 396 (16 October 2014)

Telkom SA Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR1124/12) [2014] ZALCJHB 396 (16 October 2014)

The Labour Court found that the CCMA's jurisdiction is strictly limited to unfair labour practice disputes as defined in section 186(2)(a) of the LRA. Claims based on the Employment Equity Act or employment equity plans must be brought before the Labour Court, not the CCMA. The commissioner erred by asserting jurisdiction over employment equity claims and by indicating an intention to rely on statutes outside the CCMA's remit. The Court held that intervention was warranted to prevent grave injustice and unnecessary costs, as the arbitration proceedings would otherwise address issues outside the CCMA's jurisdiction. The ruling of the commissioner was reviewed and set aside, and substituted...

Citation
[2014] ZALCJHB 396
Parties
Applicant: Telkom SA Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: L Nowosenetz N.O.; Respondent: T.D. Molefe; Respondent: J.Z. Maphanga
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 October 2014
Case Number
JR1124/12
Procedural Posture
Review Application / Application to Review and Set Aside CCMA Jurisdictional Ruling
Outcome
The application to review and set aside the CCMA jurisdictional ruling is granted. The CCMA has no jurisdiction to arbitrate claims based on the Employment Equity Act. The matter is remitted for continuation of the unfair labour practice dispute only. No order as to costs.
Judges
Lallie
Legal Topics
Ccma Jurisdiction, Unfair Labour Practice, Employment Equity Act, Promotion Dispute
Labour Law Ccma Jurisdiction Unfair Labour Practice Employment Equity Act Promotion Dispute

Case Brief

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Parties

Telkom SA Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

L Nowosenetz N.O.

Respondent

T.D. Molefe

Respondent

J.Z. Maphanga

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA has jurisdiction to arbitrate disputes based on the Employment Equity Act under its unfair labour practice jurisdiction.
  2. 2 Whether the commissioner erred in classifying the dispute as an unfair labour practice when elements of employment equity and administrative justice were present.
  3. 3 Whether the Labour Court should intervene before the arbitration proceedings are completed.

Ratio Decidendi

The Labour Court found that the CCMA's jurisdiction is strictly limited to unfair labour practice disputes as defined in section 186(2)(a) of the LRA. Claims based on the Employment Equity Act or employment equity plans must be brought before the Labour Court, not the CCMA. The commissioner erred by asserting jurisdiction over employment equity claims and by indicating an intention to rely on statutes outside the CCMA's remit. The Court held that intervention was warranted to prevent grave injustice and unnecessary costs, as the arbitration proceedings would otherwise address issues outside the CCMA's jurisdiction. The ruling of the commissioner was reviewed and set aside, and substituted...

Court Disposition

The application to review and set aside the CCMA jurisdictional ruling is granted. The CCMA has no jurisdiction to arbitrate claims based on the Employment Equity Act. The matter is remitted for continuation of the unfair labour practice dispute only. No order as to costs.

Orders

  • The ruling issued by the second respondent under case number GATW 14736-11 and dated 17 April 2012 is reviewed and set aside and substituted with a finding that the CCMA has no jurisdiction to arbitrate any claim based on the Employment Equity Act or any employment equity plan pursuant to such act.
  • The matter is remitted to the first respondent for the second respondent to continue arbitrating the unfair labour practice dispute referred by the third and fourth respondent.