About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Johannesburg Labour Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: Johannesburg Labour Court, Johannesburg
>>
2007
>>
[2007] ZALCJHB 52
|
|
Telesafe (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR270/06) [2007] ZALCJHB 52 (1 February 2007)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
AT JOHANNESBURG
CASE
NO : JR270/06
In
the matter between:
TELESAFE
(PTY)
LTD APPLICANT
And
COMMISSION
FOR CONCILIATION,
MEDIATION
AND
ARBITRATION FIRST
RESPONDENT
T
MOODLEY N O
SECOND
RESPONDENT
PROTECTORS
WORKERS
UNION THIRD
RESPONDENT
JUDGEMENT
LEEUW
AJ:
[1]
The Applicant approached this Court seeking an order setting aside
the Certificate of Outcome issued by the Second Respondent
(the
Commissioner) on 26 January 2006.
[2]
The Third Respondent (the Union) referred a dispute to the First
Respondent (CCMA) for the purpose of Conciliation on matters
of
mutual interest between the Applicant and the Union.
[3]
The parties hereto were granted an opportunity to resolve the issues
and when they could not reach consensus, the Commissioner
issued the
certificate and granted the Union leave to embark on a strike-action.
[4]
The Applicant avers that the Certificate of Outcome was issued in
their absence despite the fact that they were assured on 24
January
2006 by an officer of the CCMA that same would not be issued as
Applicant intended raising two points
in limine
:
Firstly that the Applicants were not served with the Referral of
Dispute form (LRA 7.11 form) and Secondly, that the
CCMA did
not have jurisdiction to conciliate over the dispute because the
employment conditions of employees are regulated by a
Sectoral
Determination in the Private Security Sector.
[5]
With regard to the first point
in limine
raised,
I find no merit therein in view of the fact that the Applicants
participated in the deliberations which were conducted
as a result of
a directive issued by the Commissioner. They participated in an
effort to resolve the dispute.
[6]
With regard to the second point
in limine,
a
Memorandum of Agreement was handed up by the Applicant’s
Attorney, which indicated that the Union as well as other several
Trade Unions entered into an agreement with the Employees’
Organizations wherein consensus was reached that matters of mutual
interest will be dealt with at national level.
[7]
At the time of issuing of the Certificate of Outcome, the
Commissioner was not seized of the Memorandum of Agreement and thus
did not make an informed decision.
[8]
I am of the view that the Applicants ought to have been given an
opportunity to argue this point
in limine
for
the purpose of determining jurisdiction.
I
accordingly make the following order:
(1) The Certificate
of Outcome dated 26 January 2006 is set aside;
(2) The matter is
referred to the CCMA for the purpose of determining the
jurisdictional issue.
(3) The CCMA is to
notify and enroll the matter on an urgent basis.
(4) Each party is
ordered to pay its own costs.
______________________
M
M LEEUW
ACTING
JUDGE OF THE LABOUR COURT
APPEARANCES
For
the applicant: Adv S Benharou
(instructed
by Yusuf Nagdee Attorneys)
For
the respondent: T Magidi
(instructed
by Protectors Workers Union)
Date
of hearing: 30
November 2006
Date
of judgment: 01 February 2007