South Africa Case Law

Rustenburg Platinum Mines Limited (Rustenburg Section) v Monnapula (J5193/00)

Rustenburg Platinum Mines Limited (Rustenburg Section) v Monnapula (J5193/00) [2003] ZALC 78; [2003] 9 BLLR 909 (LC) (9 July 2003)

Court

Labour Court

Case number

J5193/00

Judge

P. A. L Gamble

The court held that the referral to the CCMA by the 2nd to 17th respondents was valid as a joint referral, even though only the 1st respondent signed the form, because the details of all affected employees were attached and the referral was made in accordance with the directions on the prescribed form. The Commissioner had jurisdiction to conciliate the dispute. The certificate of non-resolution was properly issued, as the applicant's refusal to proceed with conciliation rendered the dispute unresolved. The delay of more than three months in bringing the review application was unreasonable an…

Source excerpt

• Referral Of Dispute
• Conciliation Procedure
• Certificate Of Outcome
• Review Of Administrative Action
• Mass Dismissal

Rustenburg Platinum Mines v Nosilela and Others (JR381/01)

Rustenburg Platinum Mines v Nosilela and Others (JR381/01) [2002] ZALC 109; [2002] 5 BLLR 480 (LC) (26 February 2002)

Court

Labour Court

Case number

JR381/01

Judge

AA Landman

The court found that there was no evidence that Mr Nosilela was authorised by the other employees to refer the dispute to the CCMA on their behalf. While the employees signed a list attached to the referral for arbitration, this did not constitute a mandate or power of attorney for the referral of the dispute. The law requires proper authorisation for one employee to act on behalf of others in referring a dispute. The Commissioner’s finding that the 2nd to 22nd respondents properly referred the dispute was incorrect in law and therefore reviewable. The referral in respect of the first respond…

Source excerpt

• Referral Of Dispute
• Mandate And Authorisation
• Joinder Of Parties
• Ccma Procedure

Rustenburg Platinum Mines v Nosilela and Others (JR381/01)

Rustenburg Platinum Mines v Nosilela and Others (JR381/01) [2002] ZALCJHB 24 (22 January 2002)

Court

Labour Court Johannesburg

Case number

JR381/01

Judge

AA Landman

The court held that there was no evidence that the 2nd to 22nd respondents had authorised Mr Nosilela to refer the dispute on their behalf. While they signed a list attached to the referral for arbitration, this did not constitute a mandate for the initial referral to the CCMA. The law requires proper authorisation, such as a power of attorney or other mandate, for one employee to refer a dispute on behalf of others. The Commissioner’s finding that the 2nd to 22nd respondents properly referred the dispute was therefore incorrect in law and reviewable. The referral in respect of the first resp…

Source excerpt

• Referral Of Dispute
• Mandate To Refer
• Joinder Of Parties
• Commission For Conciliation Mediation And Arbitration

Bader (Bop) (Pty) and Another v National Bargaining Council and Others (JR197/2001)

Bader (Bop) (Pty) and Another v National Bargaining Council and Others (JR197/2001) [2001] ZALCJHB 11 (22 August 2001)

Court

Labour Court Johannesburg

Case number

JR197/2001

Judge

Pillay

The Labour Court set aside a bargaining council conciliation certificate issued without jurisdiction and ordered the dispute to be conciliated within 30 days.

• Jurisdiction Of Bargaining Council
• Conciliation Certificate
• Ultra Vires
• Condonation
• Referral Of Dispute
• Bargaining-council-jurisdiction

FAWU and Others v Clover SA Ltd (D1321/99)

FAWU and Others v Clover SA Ltd (D1321/99) [2000] ZALC 93 (11 September 2000)

Court

Labour Court

Case number

D1321/99

Judge

Pillay

The Labour Court dismissed a review of a ruling that had treated employee signatures on a CCMA referral as required, holding the omission was not reviewable.

• Condonation
• Referral Of Dispute
• Trade Union Representation
• Labour-law
• Ccma-referral
• Section-191

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (J4873/99)

National Union of Metalworkers of South Africa v Commission for Conciliation Mediation and Arbitration and Others (J4873/99) [2000] ZALC 51 (23 June 2000)

Court

Labour Court

Case number

J4873/99

Judge

Landman

The court held that section 191(1) and (5) of the Labour Relations Act does not require a dismissed employee to personally sign or refer a dispute to the CCMA or a bargaining council. The statutory forms (LRA 7.11 and 7.13) require signature by the party referring the dispute or submitting the request, which includes a duly authorised representative. The law does not stipulate personal signature, and a trade union or its officials may validly refer disputes and sign forms on behalf of members. The court found that the failure of the dismissed employee to personally sign referral forms does no…

Source excerpt

• Referral Of Dispute
• Trade Union Representation
• Jurisdiction Of Ccma
• Unfair Dismissal
• Mandate Of Union
• Procedural Formality