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Magoshi v Gauteng Department of Education (JR864/15) [2018] ZALCJHB 311; (2019) 40 ILJ 168 (LC) (2 October 2018)
The Labour Court held that the ELRC lacked jurisdiction over a non-appointment dispute because the applicant had resigned before the selection process took place.
Phera v Education Labour Relations Council and Others (JR 568/09) [2009] ZALC 99; (2010) 31 ILJ 992 (LC) (22 September 2009)
The court found that the arbitrator correctly dealt with the jurisdictional issue, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's employment was conditional upon written approval from the third respondent, which was not granted. Therefore, the applicant was not an employee, and the ELRC lacked jurisdiction. The arbitrator's decision was reasonable given the facts and applicable law. The other grounds for review were irrelevant as they pertained to the merits, which could only be considered if jurisdiction existed.
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Phera v Education Labour Relations Council and Others (JR568/09) [2009] ZALCJHB 47 (22 September 2009)
The court held that the arbitrator was correct to address the jurisdictional issue first, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's appointment was conditional upon written approval from the third respondent, which was not granted. Therefore, the applicant was not an employee, and the ELRC lacked jurisdiction. The arbitrator's decision was reasonable given the facts and applicable law. The other grounds for review were irrelevant as the jurisdictional finding was dispositive.
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