De Beers Consolidated Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1583/09) [2010] ZALC 41; (2010) 31 ILJ 2087 (LC) (22 February 2010)

De Beers Consolidated Mines (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 1583/09) [2010] ZALC 41; (2010) 31 ILJ 2087 (LC) (22 February 2010)

The court held that the CCMA has jurisdiction to arbitrate disputes concerning alleged unfair labour practices relating to benefits, even where the entitlement to the benefit arises from a contract of employment. The employees' claim was based on their contracts, seeking payment of the benefit parity allowance. The exclusive jurisdiction of the Labour Court under section 77 of the BCEA applies only to matters in terms of the BCEA, not to contractual claims for benefits. The CCMA's jurisdiction to arbitrate unfair labour practice disputes is not ousted by the BCEA. The employees, as dominus litis, were entitled to choose the forum, and both the CCMA and Labour Court have jurisdiction over...

Citation
[2010] ZALC 41
Parties
Applicant: De Beers Consolidated Mines (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner S. v.d. Merwe; Respondent: National Union of Mineworkers obo L. Khanyago and 6 others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 February 2010
Case Number
JR 1583/09
Procedural Posture
Review Application / Judgment on Review of CCMA Jurisdictional Ruling
Outcome
Application for review and setting aside of the CCMA jurisdictional ruling is dismissed.
Judges
Soni AJ
Legal Topics
Unfair Labour Practice, Ccma Jurisdiction, Contractual Benefits, Specific Performance
Labour Law Civil Procedure Unfair Labour Practice Ccma Jurisdiction Contractual Benefits Specific Performance

Case Brief

Summary, issues, holding and outcome

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Parties

De Beers Consolidated Mines (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner S. v.d. Merwe

Respondent

National Union of Mineworkers obo L. Khanyago and 6 others

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Jurisdictional Ruling

Legal Issues

  1. 1 Whether the CCMA has jurisdiction to arbitrate a dispute regarding the alleged failure to pay a contractual benefit parity allowance.
  2. 2 Whether the dispute referred by the employees constitutes an unfair labour practice relating to benefits under section 186(2)(a) of the Labour Relations Act.
  3. 3 Whether the exclusive jurisdiction of the Labour Court under section 77 of the Basic Conditions of Employment Act ousts the CCMA's jurisdiction in this matter.

Ratio Decidendi

The court held that the CCMA has jurisdiction to arbitrate disputes concerning alleged unfair labour practices relating to benefits, even where the entitlement to the benefit arises from a contract of employment. The employees' claim was based on their contracts, seeking payment of the benefit parity allowance. The exclusive jurisdiction of the Labour Court under section 77 of the BCEA applies only to matters in terms of the BCEA, not to contractual claims for benefits. The CCMA's jurisdiction to arbitrate unfair labour practice disputes is not ousted by the BCEA. The employees, as dominus litis, were entitled to choose the forum, and both the CCMA and Labour Court have jurisdiction over...

Court Disposition

Application for review and setting aside of the CCMA jurisdictional ruling is dismissed.

Orders

  • The application for the ruling to be reviewed and set aside is dismissed.
  • There is no order as to costs.