Zeelie v Price Forbes Northern Province (J837/98) [2001] ZALC 116; (2001) 22 ILJ 2075 (LC) (2 August 2001)

Zeelie v Price Forbes Northern Province (J837/98) [2001] ZALC 116; (2001) 22 ILJ 2075 (LC) (2 August 2001)

The Labour Court held that section 158(2) of the Labour Relations Act does not apply to matters referred to the Labour Court by the CCMA Director under section 191(6). The section is intended for cases where the referral to the Labour Court was made in error, not where it was made intentionally following an application. The decision of the CCMA Director is final and not subject to review, and referring the matter back to the CCMA would undermine the legislative intent and the effective resolution of disputes. The court also noted the absence of reasons from the CCMA Director for the referral and expressed concern about the lack of guidelines for such referrals, which may lead to forum...

Citation
[2001] ZALC 116
Parties
Applicant: S H Zeelie; Respondent: Price Forbes Northern Province
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 August 2001
Case Number
J837/98
Procedural Posture
Stay Application / Application at Close of Respondent's Case to Refer Matter Back to CCMA for Arbitration Under Section 158(2) of the Labour Relations Act
Outcome
Application to refer the matter back to the CCMA for arbitration refused.
Judges
Jali
Legal Topics
Jurisdiction of Labour Court, Referral to Ccma, Dismissal for Misconduct, Section 158 Application, Section 191 Referral
Labour Law Civil Procedure Jurisdiction of Labour Court Referral to Ccma Dismissal for Misconduct Section 158 Application Section 191 Referral

Case Brief

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Parties

S H Zeelie

Applicant

Price Forbes Northern Province

Respondent

Procedural Posture

Stay Application / Application at Close of Respondent's Case to Refer Matter Back to CCMA for Arbitration Under Section 158(2) of the Labour Relations Act

Legal Issues

  1. 1 Whether the Labour Court may refer a dismissal dispute back to the CCMA for arbitration under section 158(2) after referral under section 191(6).
  2. 2 Whether section 158(2) applies to matters intentionally referred to the Labour Court by the CCMA Director under section 191(6).
  3. 3 Whether the absence of reasons from the CCMA Director for referral affects the rights of the parties.

Ratio Decidendi

The Labour Court held that section 158(2) of the Labour Relations Act does not apply to matters referred to the Labour Court by the CCMA Director under section 191(6). The section is intended for cases where the referral to the Labour Court was made in error, not where it was made intentionally following an application. The decision of the CCMA Director is final and not subject to review, and referring the matter back to the CCMA would undermine the legislative intent and the effective resolution of disputes. The court also noted the absence of reasons from the CCMA Director for the referral and expressed concern about the lack of guidelines for such referrals, which may lead to forum...

Court Disposition

Application to refer the matter back to the CCMA for arbitration refused.

Orders

  • The application to refer the matter back to the CCMA for arbitration in terms of section 158(2) of the Labour Relations Act is refused.
  • The Registrar is directed to send a copy of these reasons to the Director of the CCMA for her attention.