Tirisano Transport and Services Workers Union obo 53 Employees v Pindulo VDM (C487/2021) [2024] ZALCCT 50; (2025) 46 ILJ 1031 (LC) (31 October 2024)

Tirisano Transport and Services Workers Union obo 53 Employees v Pindulo VDM (C487/2021) [2024] ZALCCT 50; (2025) 46 ILJ 1031 (LC) (31 October 2024)

The court found that the employees' contracts of employment terminated on 28 April 2020 upon expiry of the notice period. The subsequent correspondence and agreement to extend the period for considering alternatives did not constitute an extension of the notice period for termination. The applicant's referral of the unfair dismissal dispute to the bargaining council was made outside the statutory 30-day period and no condonation was sought. As a result, the bargaining council lacked jurisdiction to conciliate the dispute, and the Labour Court lacked jurisdiction to adjudicate it. The respondent's point in limine was upheld and the matter was struck off the roll for lack of jurisdiction.

Citation
[2024] ZALCCT 50
Parties
Applicant: Tirisano Transport and Services Workers Union obo 53 Employees; Respondent: Pindulo VDM (Pty) Ltd
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
31 October 2024
Case Number
C487/2021
Procedural Posture
Unfair Dismissal Application / Jurisdictional Point in Limine at Trial Commencement
Outcome
Respondent's jurisdictional point in limine upheld; matter struck off the roll for lack of jurisdiction; no order as to costs.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Jurisdiction, Late Referral, Condonation, Retrenchment, Collective Agreement
Labour Law Unfair Dismissal Jurisdiction Late Referral Condonation Retrenchment Collective Agreement

Case Brief

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Parties

Tirisano Transport and Services Workers Union obo 53 Employees

Applicant

Pindulo VDM (Pty) Ltd

Respondent

Procedural Posture

Unfair Dismissal Application / Jurisdictional Point in Limine at Trial Commencement

Legal Issues

  1. 1 Whether the referral of the unfair dismissal dispute to the bargaining council was made within the 30-day statutory time limit.
  2. 2 Whether the extension of time for consultation constituted an extension of the notice period for termination of employment.
  3. 3 Whether the Labour Court has jurisdiction to adjudicate the dispute in the absence of condonation for late referral.

Ratio Decidendi

The court found that the employees' contracts of employment terminated on 28 April 2020 upon expiry of the notice period. The subsequent correspondence and agreement to extend the period for considering alternatives did not constitute an extension of the notice period for termination. The applicant's referral of the unfair dismissal dispute to the bargaining council was made outside the statutory 30-day period and no condonation was sought. As a result, the bargaining council lacked jurisdiction to conciliate the dispute, and the Labour Court lacked jurisdiction to adjudicate it. The respondent's point in limine was upheld and the matter was struck off the roll for lack of jurisdiction.

Court Disposition

Respondent's jurisdictional point in limine upheld; matter struck off the roll for lack of jurisdiction; no order as to costs.

Orders

  • The respondent's point in limine is upheld.
  • The matter is struck off the roll for lack of jurisdiction.