Zero Appliances (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR805/06) [2007] ZALC 19; [2007] 7 BLLR 683 (LC); (2007) 28 ILJ 1836 (LC) (28 March 2007)

Zero Appliances (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR805/06) [2007] ZALC 19; [2007] 7 BLLR 683 (LC); (2007) 28 ILJ 1836 (LC) (28 March 2007)

The court held that the CCMA lacked jurisdiction to entertain the dispute regarding procedural unfairness of mass retrenchment, as the applicant fell under the scope of the MEIBC. The employees should have referred their dispute directly to the Labour Court by way of a special application under section 189A(13), not through the ordinary dispute resolution procedure. The condonation ruling and conciliation certificate issued by the second respondent were invalid, as the CCMA and its commissioner exceeded their powers. The employees' referral was both to the wrong forum and via the wrong procedure, and their application was hopelessly out of time with no explanation for the delay. The...

Citation
[2007] ZALC 19
Parties
Applicant: Zero Appliances (Pty) Ltd; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: J S E Nkosi NO; Respondent: Sello Makgoba & 62 Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 March 2007
Case Number
JR805/06
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for review and condonation granted. CCMA's condonation ruling and conciliation certificate set aside. Costs awarded against third respondent.
Judges
Rampai AJ
Legal Topics
Jurisdiction of Ccma, Procedural Fairness, Condonation, Mass Retrenchment, Section 189a Application
Labour Law Civil Procedure Jurisdiction of Ccma Procedural Fairness Condonation Mass Retrenchment Section 189a Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Zero Appliances (Pty) Ltd

Applicant

Commission for Conciliation, Mediation & Arbitration

Respondent

J S E Nkosi NO

Respondent

Sello Makgoba & 62 Others

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to entertain the dispute regarding procedural unfairness of mass retrenchment.
  2. 2 Whether the condonation ruling and conciliation certificate issued by the second respondent were valid.
  3. 3 Whether the employees followed the correct dispute referral procedure under section 189A of the Labour Relations Act.

Ratio Decidendi

The court held that the CCMA lacked jurisdiction to entertain the dispute regarding procedural unfairness of mass retrenchment, as the applicant fell under the scope of the MEIBC. The employees should have referred their dispute directly to the Labour Court by way of a special application under section 189A(13), not through the ordinary dispute resolution procedure. The condonation ruling and conciliation certificate issued by the second respondent were invalid, as the CCMA and its commissioner exceeded their powers. The employees' referral was both to the wrong forum and via the wrong procedure, and their application was hopelessly out of time with no explanation for the delay. The...

Court Disposition

Application for review and condonation granted. CCMA's condonation ruling and conciliation certificate set aside. Costs awarded against third respondent.

Orders

  • The condonation ruling made by the second respondent on 22 February 2006 is reviewed and set aside.
  • The conciliation certificate issued by the second respondent on 22 February 2006 is reviewed and set aside.