Tshehla v Emfuleni Local Municipality (JS 619/13) [2015] ZALCJHB 7 (21 January 2015)

Tshehla v Emfuleni Local Municipality (JS 619/13) [2015] ZALCJHB 7 (21 January 2015)

The Labour Court lacks jurisdiction to adjudicate the applicant's unfair labour practice dispute because such matters must be resolved by arbitration at the bargaining council in terms of the LRA. The respondent's failure to raise the jurisdictional point earlier does not confer jurisdiction on the Court. Regarding the discrimination claim, the applicant failed to exhaust the enforcement procedures under Chapter V of the Employment Equity Act, and the dispute was not properly conciliated by the CCMA as required by section 10 of the EEA. The bargaining council lacked jurisdiction to conciliate the discrimination dispute, and the applicant's direct referral to the Labour Court was...

Citation
[2015] ZALCJHB 7
Parties
Applicant: Reginald Tshehla; Respondent: Emfuleni Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 January 2015
Case Number
JS 619/13
Procedural Posture
Labour Court Application / Jurisdictional Challenge and Merits
Outcome
Application dismissed for lack of jurisdiction.
Judges
Molahlehi
Legal Topics
Unfair Labour Practice, Unfair Discrimination, Employment Equity Act, Jurisdiction, Conciliation and Arbitration
Labour Law Unfair Labour Practice Unfair Discrimination Employment Equity Act Jurisdiction Conciliation and Arbitration

Case Brief

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Parties

Reginald Tshehla

Applicant

Emfuleni Local Municipality

Respondent

Procedural Posture

Labour Court Application / Jurisdictional Challenge and Merits

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to adjudicate the applicant's unfair labour practice claim?
  2. 2 Is the Labour Court competent to hear the discrimination dispute before exhaustion of enforcement procedures under the Employment Equity Act?
  3. 3 Should the matter be referred back to the bargaining council or CCMA for arbitration or conciliation?

Ratio Decidendi

The Labour Court lacks jurisdiction to adjudicate the applicant's unfair labour practice dispute because such matters must be resolved by arbitration at the bargaining council in terms of the LRA. The respondent's failure to raise the jurisdictional point earlier does not confer jurisdiction on the Court. Regarding the discrimination claim, the applicant failed to exhaust the enforcement procedures under Chapter V of the Employment Equity Act, and the dispute was not properly conciliated by the CCMA as required by section 10 of the EEA. The bargaining council lacked jurisdiction to conciliate the discrimination dispute, and the applicant's direct referral to the Labour Court was...

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • The Court lacks jurisdiction to entertain the applicant’s unfair labour practice and discrimination disputes.
  • The applicant’s claim is dismissed.