Van Heerden v Spes Bona Financial Administrators (Pty) Ltd (J1918/98) [1999] ZALC 73 (10 May 1999)

Van Heerden v Spes Bona Financial Administrators (Pty) Ltd (J1918/98) [1999] ZALC 73 (10 May 1999)

The Labour Court's jurisdiction is determined by the employee's allegation regarding the reason for dismissal. In this case, the applicant consistently stated she did not know the reason for her dismissal, and the respondent's assertion of retrenchment was not accepted by the applicant. Section 191(5) of the Labour Relations Act provides that disputes where the employee does not know the reason for dismissal must be referred to arbitration before the CCMA, not adjudicated by the Labour Court. The Commissioner at the CCMA should have arbitrated the dispute rather than referring it to the Labour Court. The Court therefore lacks jurisdiction and must stay the proceedings and refer the matter...

Citation
[1999] ZALC 73
Parties
Applicant: Naomi Nidia van Heerden; Respondent: Spes Bona Financial Administrators (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 May 1999
Case Number
J1918/98
Procedural Posture
Stay Application / Referral to Labour Court for Jurisdictional Determination
Outcome
Proceedings stayed and matter referred to the CCMA for arbitration.
Judges
T Jali
Legal Topics
Unfair Dismissal, Jurisdiction of Labour Court, Referral to Ccma, Section 191 Labour Relations Act
Labour Law Civil Procedure Unfair Dismissal Jurisdiction of Labour Court Referral to Ccma Section 191 Labour Relations Act

Case Brief

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Parties

Naomi Nidia van Heerden

Applicant

Spes Bona Financial Administrators (Pty) Ltd

Respondent

Procedural Posture

Stay Application / Referral to Labour Court for Jurisdictional Determination

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to adjudicate the applicant's unfair dismissal claim?
  2. 2 Should the dispute be referred to arbitration before the CCMA under section 191(5) of the Labour Relations Act?
  3. 3 Is the applicant's lack of knowledge of the reason for dismissal determinative of the forum?

Ratio Decidendi

The Labour Court's jurisdiction is determined by the employee's allegation regarding the reason for dismissal. In this case, the applicant consistently stated she did not know the reason for her dismissal, and the respondent's assertion of retrenchment was not accepted by the applicant. Section 191(5) of the Labour Relations Act provides that disputes where the employee does not know the reason for dismissal must be referred to arbitration before the CCMA, not adjudicated by the Labour Court. The Commissioner at the CCMA should have arbitrated the dispute rather than referring it to the Labour Court. The Court therefore lacks jurisdiction and must stay the proceedings and refer the matter...

Court Disposition

Proceedings stayed and matter referred to the CCMA for arbitration.

Orders

  • The proceedings in this matter are stayed.
  • The matter is referred back to the CCMA for arbitration.