J3203/01-JduP
Sneller Verbatim/JduP
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J3203/01
2001-10-09
In the matter between
REMY NKOSI Applicant
and
JUNKMAIL AND SCHOEMAN Respondent
___________________________________________________________
J U D G M E N T
___________________________________________________________
LANDMAN, J: This award is ultra vires the powers of the commissioner, because it
deals with a dismissal allegedly for operational requirements.
The applicant was represented by an attorney, a certain B Malibana. It is
unclear why the attorney and the commissioner did not realise that the CCMA had
no jurisdiction. There had been no consent to jurisdiction because the employer
was not present, and there appears to be no record of any such consent, therefore
this award is ultra vires, it cannot be made and order of court.
The applicant should therefore institute proceedings in this court and she
should refer this matter to the Law Society for further attention.
1
JUDGMENT1
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