Zero Appliances (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR805/06) [2007] ZALCJHB 31 (28 March 2007)

Zero Appliances (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR805/06) [2007] ZALCJHB 31 (28 March 2007)

The court found that the CCMA lacked jurisdiction to entertain the dispute, as the employer fell under the MEIBC. The CCMA's involvement in the facilitation phase did not transfer jurisdiction. The condonation for late referral and the conciliation certificate issued by the CCMA commissioner were invalid, as the CCMA exceeded its powers. The employees followed the incorrect dispute referral procedure, failing to bring a special application under section 189A(13) within the prescribed thirty-day period. The mandates given to the third respondent to represent other employees were legally defective, as they were issued after termination of employment and lacked legal force. The court...

Citation
[2007] ZALCJHB 31
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 Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2007
Case Number
JR805/06
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
The review application is granted. The CCMA's condonation ruling and conciliation certificate are set aside. The statement of case is stayed pending the outcome of the review. Costs are awarded against the 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

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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 for late referral granted by the CCMA commissioner was valid.
  3. 3 Whether the conciliation certificate issued by the CCMA was lawful.

Ratio Decidendi

The court found that the CCMA lacked jurisdiction to entertain the dispute, as the employer fell under the MEIBC. The CCMA's involvement in the facilitation phase did not transfer jurisdiction. The condonation for late referral and the conciliation certificate issued by the CCMA commissioner were invalid, as the CCMA exceeded its powers. The employees followed the incorrect dispute referral procedure, failing to bring a special application under section 189A(13) within the prescribed thirty-day period. The mandates given to the third respondent to represent other employees were legally defective, as they were issued after termination of employment and lacked legal force. The court...

Court Disposition

The review application is granted. The CCMA's condonation ruling and conciliation certificate are set aside. The statement of case is stayed pending the outcome of the review. Costs are awarded against the 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.