THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG
Not Reportable
Case No : JS500/24
In the matter between:
SIPHO JIMMY MASEKO Applicant
and
SKYE ENERGY LOGISTICS t/a SKYE LOGISTICS Respondent
Decided: In Chambers
Delivered: 7 May 2025 (This judgment was handed down electronically by
circulation to the parties’ legal representatives by email, publication on the Labour Court website and release to SAFLII. The date and time for handing -
down is deemed to be 10h00 on 7 May 2025.)
JUDGMENT
PHEHANE , J
2
[1] This is a default judgment application in which the plaintiff seeks the following
remedy:
1. The setting aside of his ret renchment;
2. Reinstatement;
3. Compensation for loss of income; and
4. The setting aside of a mutual separation agreement concluded
between him and his employer.1
[2] The plaintiff pleads that his dismissal was procedurally and substantively
unfair as the employer failed to comply with the provisions of sections 189 and 189A
of the Labour Relations Act2 (LRA).3 Attached as annexure E to the statement of
claim is a certificate of outcome by the Commission for Conciliation, Mediation and
Arbitration (CCMA) issued o n 11 April 2024, recording that the plaintiff’s referred
dismissal dispute in terms of section 189 of the LRA remains unresolved.
[3] In terms of the provisions of section 191(5)(b)(ii) read with section 191(11)(a)
of the LRA, a dispute relating to dismissal for operational requirements must be
referred to this Court for adjudication within 90 days after the CCMA has certified
that the dispute remains unresolved.
[4] The plaintiff referred his dispute to this Court on 4 September 2024, which is
out of time. The referral is not accompanied by an application for condonation for its
late filing.
[5] In the premises, this Court lacks jurisdiction to adjudicate this referral and the
default judgment application.
[6] In the premises , the following order is made:
Order
1 Pleadings, statement of claim at para 7 on p 6.
2 Act 66 of 1995, as amended.
3 Pleadings, statement of claim at para 5 on pp 3 to 5.
3
1. The matter is struck off the roll for want of jurisdiction.
M. T. M. Phehane
Judge of the Labour Court of South Africa