Sneller Verbatim/MS
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JS1267/02
2003-02-05
In the matter between
MOFFAT G MHLONGO Applicant
and
FIDELITY SPRINGBOK SECURITY SERVICES Respondent
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J U D G M E N T
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REVELAS, J:
1. The applicant referred a dispute about an alleged unfair
dismissal to the Commission for Conciliation, Mediation
and Arbitration (“the CCMA”). It was in dispute before
the Commissioner who conciliated the matter, that the
applicant was indeed dismissed.
2. It was the case of the respondent that the applicant had
resigned. The respondent tabled a copy of a resignation
letter, which was signed by the applicant, was placed
before the Commissioner, Mr R D Fitzcharles. According
to his ruling, he listened to the evidence, during which
the applicant submitted that he had not signed the letter
of resignation and that the signature on the letter was
not his.
3. The applicant was disbelieved and it appears from the
ruling, that his evidence was rejected as he changed his
version as to the signing of a 7.11 referral form "as
compare to the signing of the letter of resignation."
The Arbitrator added, that he was not persuaded either,
that a dismissal in fact took place.
4. The applicant argued, that he would not be able to obtain
the relief that he sought if the Arbitrator ruled that a
dismissal did not take place. The respondent argued,
that it would be prejudiced if the Arbitrator ruled that
a dismissal had taken place, in that it had provided the
necessary documentary evidence that a dismissal had not
taken place.
5. If the applicant was aggrieved about this ruling, and to
have it set aside, the correct procedure to follow is to
bring an application for the review and setting aside of
the ruling, in terms of section 158(1)(g) of the Labour
Relations Act tt of 1995 (“the Act”).
6. It is not open to a party, who is not satisfied with a
CCMA ruling, to simply proceed to the Labour Court and
file a statement of case as if there were no ruling of
the CCMA. The ruling of the Arbitrator is binding, in
terms of the Labour Relations Act and it will stand,
until set aside.
7. Consequently I make the following order:
8. The application is struck from the roll.
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E. Revelas