Welman v First Rand Bank Ltd (Wesbank Division) (JA10/09) [2010] ZALAC 40 (25 May 2010)

Welman v First Rand Bank Ltd (Wesbank Division) (JA10/09) [2010] ZALAC 40 (25 May 2010)

The Labour Appeal Court held that the CCMA and its commissioners require the existence of a dismissal as a jurisdictional fact before they can entertain a dispute. In this case, the settlement agreement provided for a voluntary resignation, and unless that agreement is set aside by a competent court, there is no dismissal and thus no jurisdiction for the CCMA. The powers of a CCMA commissioner do not extend to setting aside private settlement agreements; such relief must be sought in the Labour Court or High Court. Remitting the matter to the CCMA would be futile as it lacks jurisdiction absent a dismissal. The appeal was dismissed, and the order of the Labour Court was replaced to...

Citation
[2010] ZALAC 40
Parties
Appellant: Kevin Welman; Respondent: First Rand Bank Limited (Wesbank Division)
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
25 May 2010
Case Number
JA10/09
Procedural Posture
Civil Appeal / Appeal From Review Judgment of Labour Court
Outcome
Appeal dismissed with costs; order of Labour Court set aside and replaced.
Judges
Davis, Tlaletsi, Musi
Legal Topics
Settlement Agreement, Jurisdiction of Ccma, Condonation, Unfair Dismissal
Labour Law Civil Procedure Settlement Agreement Jurisdiction of Ccma Condonation Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Welman

Appellant

First Rand Bank Limited (Wesbank Division)

Respondent

Procedural Posture

Civil Appeal / Appeal From Review Judgment of Labour Court

Legal Issues

  1. 1 Whether the CCMA commissioner had jurisdiction to set aside a private settlement agreement between the parties.
  2. 2 Whether the existence of a settlement agreement precludes a finding of dismissal for purposes of CCMA jurisdiction.
  3. 3 Whether the matter should be remitted to the CCMA for reconsideration.

Ratio Decidendi

The Labour Appeal Court held that the CCMA and its commissioners require the existence of a dismissal as a jurisdictional fact before they can entertain a dispute. In this case, the settlement agreement provided for a voluntary resignation, and unless that agreement is set aside by a competent court, there is no dismissal and thus no jurisdiction for the CCMA. The powers of a CCMA commissioner do not extend to setting aside private settlement agreements; such relief must be sought in the Labour Court or High Court. Remitting the matter to the CCMA would be futile as it lacks jurisdiction absent a dismissal. The appeal was dismissed, and the order of the Labour Court was replaced to...

Court Disposition

Appeal dismissed with costs; order of Labour Court set aside and replaced.

Orders

  • The appeal is dismissed with costs.
  • The order of Molahlehi J is set aside and replaced with the order: The late filing of the review application is condoned; the commissioner’s ruling is reviewed and set aside; there is no order as to costs.