Wyeth SA (Pty) Ltd v Manqele and Others (JR850/01) [2003] ZALCJHB 8 (26 May 2003)

Wyeth SA (Pty) Ltd v Manqele and Others (JR850/01) [2003] ZALCJHB 8 (26 May 2003)

The court held that the agreement between the parties contemplated determination of the jurisdictional point based on affidavits and written submissions, and there was no prejudice to the applicant in having a different commissioner rule on the matter. The court rejected the applicant's argument that only those who...

Source-derived case information.

Citation
[2003] ZALCJHB 8
Parties
Applicant: Wyeth SA (Pty) Limited; Respondent: Manqele, T; Respondent: Moletsane, R N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Security, Retail, Transport and Allied Workers Union of South Africa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2003
Case Number
JR850/01
Procedural Posture
Review Application / Judgment on Review of CCMA Ruling
Outcome
Application dismissed with costs.
Judges
A Van Niekerk
Legal Topics
Definition of Employee, Unfair Dismissal, Contract of Employment, Jurisdiction of Ccma
Labour Law Definition of Employee Unfair Dismissal Contract of Employment Jurisdiction of Ccma

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Parties

Wyeth SA (Pty) Limited

Applicant

Manqele, T

Respondent

Moletsane, R N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Security, Retail, Transport and Allied Workers Union of South Africa

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Ruling

Legal Issues

  1. 1 Whether it was irregular for a different commissioner to rule on the point in limine after oral submissions were heard by another commissioner.
  2. 2 Whether a person who has concluded a contract of employment but has not commenced work is an 'employee' under section 213 of the LRA.
  3. 3 Whether the CCMA had jurisdiction to entertain the unfair dismissal dispute.

Ratio Decidendi

The court held that the agreement between the parties contemplated determination of the jurisdictional point based on affidavits and written submissions, and there was no prejudice to the applicant in having a different commissioner rule on the matter. The court rejected the applicant's argument that only those who have commenced work are 'employees' under the LRA, finding that the statutory definition and constitutional protection of employment rights extend to persons who are party to a binding contract of employment, even if they have not yet commenced work. The court concluded that the first respondent was an 'employee' for purposes of the LRA and that the CCMA had jurisdiction to...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.