Twala v CCMA (JR17/01) [2003] ZALC 159 (24 March 2004)

Twala v CCMA (JR17/01) [2003] ZALC 159 (24 March 2004)

The Commissioner correctly refused condonation for the late referral of the unfair dismissal dispute, as the reasons for delay were inadequate and the prospects of success were poor. However, the Commissioner erred in concluding that the CCMA lacked jurisdiction over the severance pay claim. The thirty-day time limit under Section 191(1) of the LRA does not apply to severance pay claims under Section 41 of the BCEA, which may be referred within a reasonable time. Mr Twala's referral of the severance pay dispute was within a reasonable time, and he retains the right to pursue this claim before the CCMA. The review application is dismissed as it relates to unfair dismissal, but an order is...

Citation
[2003] ZALC 159
Parties
Applicant: Washington M Twala; Respondent: CCMA
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
24 March 2004
Case Number
JR17/01
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed; applicant retains right to pursue severance pay claim before CCMA.
Judges
F G Barrie
Legal Topics
Condonation of Late Referral, Unfair Dismissal, Severance Pay, Jurisdiction of Ccma
Labour Law Condonation of Late Referral Unfair Dismissal Severance Pay Jurisdiction of Ccma

Case Brief

Summary, issues, holding and outcome

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Parties

Washington M Twala

Applicant

CCMA

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA Commissioner correctly refused condonation for the late referral of the unfair dismissal dispute.
  2. 2 Whether the CCMA had jurisdiction to entertain claims for severance pay under Section 41 of the BCEA.
  3. 3 Whether the time limit under Section 191(1) of the LRA applies to severance pay claims under Section 41 of the BCEA.

Ratio Decidendi

The Commissioner correctly refused condonation for the late referral of the unfair dismissal dispute, as the reasons for delay were inadequate and the prospects of success were poor. However, the Commissioner erred in concluding that the CCMA lacked jurisdiction over the severance pay claim. The thirty-day time limit under Section 191(1) of the LRA does not apply to severance pay claims under Section 41 of the BCEA, which may be referred within a reasonable time. Mr Twala's referral of the severance pay dispute was within a reasonable time, and he retains the right to pursue this claim before the CCMA. The review application is dismissed as it relates to unfair dismissal, but an order is...

Court Disposition

Review application dismissed; applicant retains right to pursue severance pay claim before CCMA.

Orders

  • The review application is dismissed.
  • The CCMA is directed to attempt to resolve the dispute referred by the applicant on 11 September 2000 under case number GA110750, but only in respect of the applicant's claim for severance pay from the third respondent.