Van Wyk v Fibrewound (Pty) Ltd (D117/2000) [2001] ZALC 27 (20 February 2001)

Van Wyk v Fibrewound (Pty) Ltd (D117/2000) [2001] ZALC 27 (20 February 2001)

The Labour Court held that the issuance of a valid certificate of non-resolution by the CCMA is sufficient to meet the jurisdictional requirements for referral to the Labour Court, regardless of whether the dispute should have been conciliated by a bargaining council. The Court found that sections 147(2) and (3) of the LRA grant the CCMA discretion to accept or refer disputes, and this discretion is not limited by section 191(1). The Court further noted that both parties participated in the conciliation without objection, and that the CCMA's policy is to resolve disputes substantively rather than focus on technical jurisdictional issues. The respondent's point in limine was dismissed, and...

Citation
[2001] ZALC 27
Parties
Applicant: Johann Van Wyk; Respondent: Fibrewound (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 February 2001
Case Number
D117/2000
Procedural Posture
Labour Law Point in Limine / Jurisdictional Objection Before Trial
Outcome
The respondent's point in limine regarding jurisdiction is dismissed with costs.
Judges
Pillay
Legal Topics
Ccma Jurisdiction, Bargaining Council, Unfair Dismissal, Point in Limine, Conciliation Certificate
Labour Law Ccma Jurisdiction Bargaining Council Unfair Dismissal Point in Limine Conciliation Certificate

Case Brief

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Parties

Johann Van Wyk

Applicant

Fibrewound (Pty) Ltd

Respondent

Procedural Posture

Labour Law Point in Limine / Jurisdictional Objection Before Trial

Legal Issues

  1. 1 Whether the Labour Court has jurisdiction to hear the matter when the CCMA conciliated a dispute that should have been referred to a bargaining council.
  2. 2 Whether the issuance of a valid certificate of non-resolution by the CCMA satisfies the jurisdictional prerequisite for referral to the Labour Court.
  3. 3 Whether participation in conciliation proceedings without objection precludes subsequent jurisdictional challenges.

Ratio Decidendi

The Labour Court held that the issuance of a valid certificate of non-resolution by the CCMA is sufficient to meet the jurisdictional requirements for referral to the Labour Court, regardless of whether the dispute should have been conciliated by a bargaining council. The Court found that sections 147(2) and (3) of the LRA grant the CCMA discretion to accept or refer disputes, and this discretion is not limited by section 191(1). The Court further noted that both parties participated in the conciliation without objection, and that the CCMA's policy is to resolve disputes substantively rather than focus on technical jurisdictional issues. The respondent's point in limine was dismissed, and...

Court Disposition

The respondent's point in limine regarding jurisdiction is dismissed with costs.

Orders

  • The point in limine is dismissed.
  • The respondent is ordered to pay the costs of the application.