Labour Appeal Court of South Africa - 2015 January

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3 judgments

Citation	Judgment date
January 2015
General Motors (Pty) Ltd v NUMSA obo Ruiters (PA 8/12) [2015] ZALAC 3 (22 January 2015) Reported Employer failed to properly investigate alternative placement before dismissing employee for incapacity; appeal dismissed with costs. Labour law – dismissal for incapacity – employer’s onus to prove substantive and procedural fairness – duty to investigate alternatives short of dismissal (Code of Good Practice items 10 and 11; Sick Absence Control Procedures) – admissibility and weight of internal inquiry minutes and medical evidence – remit for fresh arbitration where commissioner unreasonably ignored material evidence.	22 January 2015
Happy Qibe v Joy Global Africa (Pty) Ltd (JA 119/13) [2015] ZALAC 2 (15 January 2015) Reported CCMA may not assume jurisdiction over bargaining-council disputes without a s 147 management decision. Labour law – CCMA jurisdiction – s 147 LRA – where dispute falls within bargaining council scope, CCMA or its delegate must decide to refer or confirm appointment before arbitration proceeds. Jurisdictional rulings by commissioners are preliminary and reviewable; commissioners may not unilaterally assume CCMA jurisdiction. Default awards are not final for purposes of s 147; rescission applications and jurisdictional decisions remain subject to review.	15 January 2015
Nehawu obo Kgekwane v Department of Development Planning (JA 68/13) [2015] ZALAC 1 (15 January 2015) Reported A dispute finally determined by a bargaining council cannot later be reheard by the CCMA. Labour law – jurisdiction – s 147(2) & (3) LRA – where dispute referred to and finally determined by a bargaining council, CCMA lacks jurisdiction to rehear; rule against collateral challenges and exceptio res judicata bar re-litigation; Labour Court obliged to decide jurisdiction mero motu.	15 January 2015