Winnie Mabaso Foundation v CCMA and Others (J293/21) [2021] ZALCJHB 46 (24 March 2021)

Winnie Mabaso Foundation v CCMA and Others (J293/21) [2021] ZALCJHB 46 (24 March 2021)

The court held that defective service of referral forms does not deprive the CCMA of jurisdiction, as jurisdiction is conferred by statute and not by procedural irregularities. The applicant attended the arbitration and had the opportunity to be heard, rendering any technical objection to service irrelevant. Section 158(1B) of the LRA prohibits the Labour Court from intervening in arbitration proceedings before the dispute is finally determined, unless it is just and equitable, which was not the case here. The application to stay the arbitration was baseless, and the request for an interdict was not properly pleaded and thus not entertained. The application was dismissed as an abuse of...

Citation
[2021] ZALCJHB 46
Parties
Applicant: THE WINNIE MABASO FOUNDATION; Respondent: THE CCMA AND OTHERS
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 March 2021
Case Number
J293/21
Procedural Posture
Urgent Application / Review of Jurisdictional Ruling; Application to Stay Arbitration
Outcome
Application dismissed; no order as to costs.
Judges
G. N. Moshoana
Legal Topics
Jurisdictional Ruling, Defective Service, Stay of Arbitration, Interdict Relief, Section 158 1b Lra
Labour Law Civil Procedure Jurisdictional Ruling Defective Service Stay of Arbitration Interdict Relief Section 158 1b Lra

Case Brief

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Parties

THE WINNIE MABASO FOUNDATION

Applicant

THE CCMA AND OTHERS

Respondent

Procedural Posture

Urgent Application / Review of Jurisdictional Ruling; Application to Stay Arbitration

Legal Issues

  1. 1 Whether defective service of referral forms ousts the jurisdiction of the CCMA.
  2. 2 Whether the Labour Court may review a jurisdictional ruling before the arbitration is finally determined under section 158(1B) of the LRA.
  3. 3 Whether there is a legal basis to stay the arbitration proceedings pending review.

Ratio Decidendi

The court held that defective service of referral forms does not deprive the CCMA of jurisdiction, as jurisdiction is conferred by statute and not by procedural irregularities. The applicant attended the arbitration and had the opportunity to be heard, rendering any technical objection to service irrelevant. Section 158(1B) of the LRA prohibits the Labour Court from intervening in arbitration proceedings before the dispute is finally determined, unless it is just and equitable, which was not the case here. The application to stay the arbitration was baseless, and the request for an interdict was not properly pleaded and thus not entertained. The application was dismissed as an abuse of...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.