Van Der Westhuizen v Oraclemed Health Investments (Pty) Ltd (J1330/2023) [2024] ZALCJHB 47 (26 January 2024)

Van Der Westhuizen v Oraclemed Health Investments (Pty) Ltd (J1330/2023) [2024] ZALCJHB 47 (26 January 2024)

The Labour Court lacks jurisdiction to adjudicate the applicant's dispute as the unfair dismissal has not been conciliated by the CCMA. Even if jurisdiction existed, the application does not meet the requirements for urgency, as the applicant failed to plead adequate reasons for urgency following his dismissal and did not comply with the procedural rules for urgent applications. The relief sought under section 188A(11) of the Labour Relations Act is not available post-dismissal, and the applicant's remedy lies in referring an automatically unfair dismissal dispute to the CCMA. The application is therefore struck off the roll for lack of jurisdiction, with no order as to costs.

Citation
[2024] ZALCJHB 47
Parties
Applicant: Martin O’ Brien Van Der Westhuizen; Respondent: Oraclemed Health Investments (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 January 2024
Case Number
J1330/2023
Procedural Posture
Urgent Application / Application to Strike Off for Lack of Jurisdiction and Urgency
Outcome
Application struck off the roll for lack of jurisdiction; no order as to costs.
Judges
M T M Phehane
Legal Topics
Protected Disclosure, Pre Dismissal Arbitration, Automatic Unfair Dismissal, Urgency Requirements, Jurisdiction of Labour Court
Labour Law Civil Procedure Protected Disclosure Pre Dismissal Arbitration Automatic Unfair Dismissal Urgency Requirements Jurisdiction of Labour Court

Case Brief

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Parties

Martin O’ Brien Van Der Westhuizen

Applicant

Oraclemed Health Investments (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Strike Off for Lack of Jurisdiction and Urgency

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to adjudicate the applicant's dispute following his dismissal.
  2. 2 Whether the application is urgent and complies with the requirements for urgent relief.
  3. 3 Whether the applicant is entitled to relief under section 188A(11) of the Labour Relations Act after dismissal.

Ratio Decidendi

The Labour Court lacks jurisdiction to adjudicate the applicant's dispute as the unfair dismissal has not been conciliated by the CCMA. Even if jurisdiction existed, the application does not meet the requirements for urgency, as the applicant failed to plead adequate reasons for urgency following his dismissal and did not comply with the procedural rules for urgent applications. The relief sought under section 188A(11) of the Labour Relations Act is not available post-dismissal, and the applicant's remedy lies in referring an automatically unfair dismissal dispute to the CCMA. The application is therefore struck off the roll for lack of jurisdiction, with no order as to costs.

Court Disposition

Application struck off the roll for lack of jurisdiction; no order as to costs.

Orders

  • The matter is struck off the roll for lack of jurisdiction.
  • There is no order as to costs.