Truworths Limited v Peter (CA15/2024) [2025] ZALAC 37 (5 June 2025)

Truworths Limited v Peter (CA15/2024) [2025] ZALAC 37 (5 June 2025)

The Labour Appeal Court held that the Labour Court does not have jurisdiction to adjudicate an automatically unfair dismissal dispute unless the dispute has first been referred for conciliation in terms of section 191 of the Labour Relations Act. The employee's referral to the CCMA was found to be out of time, and the CCMA declined jurisdiction over the dismissal dispute. The employee did not successfully review the CCMA's finding nor obtain condonation for the late referral. As a result, the Labour Court erred in dismissing the appellant's special plea and in assuming jurisdiction over the dispute. The appeal was upheld, and the employer's special pleas were confirmed.

Citation
[2025] ZALAC 37
Parties
Appellant: Truworths Limited; Respondent: Thembelani Peter
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
5 June 2025
Case Number
CA15/2024
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment on Special Plea Regarding Jurisdiction
Outcome
Appeal upheld. Labour Court's order substituted. Employer's special pleas upheld. No order as to costs.
Judges
Savage JA, Musi, Waglay AJA
Legal Topics
Protected Disclosure, Automatically Unfair Dismissal, Jurisdiction of Labour Court, Conciliation Requirement, Special Plea, Condonation
Labour Law Civil Procedure Protected Disclosure Automatically Unfair Dismissal Jurisdiction of Labour Court Conciliation Requirement Special Plea Condonation

Case Brief

Summary, issues, holding and outcome

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Parties

Truworths Limited

Appellant

Thembelani Peter

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment on Special Plea Regarding Jurisdiction

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to adjudicate an automatically unfair dismissal dispute where the dispute was not referred for conciliation prior to referral to the Labour Court.
  2. 2 Whether the employee's dismissal constituted an automatically unfair dismissal due to alleged protected disclosures.
  3. 3 Whether the CCMA's finding on late referral for conciliation precluded Labour Court jurisdiction.

Ratio Decidendi

The Labour Appeal Court held that the Labour Court does not have jurisdiction to adjudicate an automatically unfair dismissal dispute unless the dispute has first been referred for conciliation in terms of section 191 of the Labour Relations Act. The employee's referral to the CCMA was found to be out of time, and the CCMA declined jurisdiction over the dismissal dispute. The employee did not successfully review the CCMA's finding nor obtain condonation for the late referral. As a result, the Labour Court erred in dismissing the appellant's special plea and in assuming jurisdiction over the dispute. The appeal was upheld, and the employer's special pleas were confirmed.

Court Disposition

Appeal upheld. Labour Court's order substituted. Employer's special pleas upheld. No order as to costs.

Orders

  • Condonation for late filing of the appeal record is granted and the appeal is reinstated.
  • The appeal is upheld with no order as to costs.