Automated Summary
Key Facts
The applicants referred an alleged unfair dismissal dispute to the CCMA on 15 February 2013. The dispute was unresolved, and a certificate of non-resolution was issued on 14 March 2014. The applicants filed their statement of case on 22 May 2013. The respondent argued the statement of case was late under Rule 6(2)(C) of the Labour Court Rules (10-day window), but the court found this rule inapplicable. Instead, Section 191(1)(b)(ii) of the LRA allows 90 days for referral to the Labour Court, which the applicants adhered to. The court dismissed the respondent's application to dismiss the statement of case.
Issues
The respondent argued that the applicants' statement of case was filed outside the 10-day period required by rule 6(2)(C) of the Labour Court Rules. The court determined that rule 6(2) does not apply and instead section 191(1)(b)(ii) of the Labour Relations Act (LRA) governs, allowing a 90-day period for referral to the Labour Court. The application to dismiss was consequently dismissed as the filing was within the applicable timeframe.
Holdings
The respondent's application to dismiss the applicant's statement of case for alleged late filing was dismissed. The court found that Rule 6(2)(C) of the Labour Court Rules did not apply, as the matter was referred under Section 191(1)(b)(ii) of the Labour Relations Act (LRA), which allows a 90-day period for referral to the Labour Court rather than the 10-day period cited by the respondent. The judge concluded the point in limine raised by the respondent had no merit.
Remedies
The respondent's point in limine is dismissed with costs.
Legal Principles
The court determined that Rule 6(2) of the Labour Court Rules was not applicable, and the correct time limit for filing a statement of case under Section 191(1)(b)(ii) of the Labour Relations Act (LRA) was 90 days. The respondent's argument based on a 10-day deadline was dismissed as invalid.
Cited Statute
- Labour Relations Act
- Rules of the Labour Court
Judge Name
E Molahlehi
Passage Text
- In light of the above, I am of the view that the point in limine raised by the respondent has no merit and accordingly stands to fail.
- It is apparent from the reading of the statement of case and all other relevant documents in this matter that the matter is referred to the Court in terms of section 191 (1) of the Labour Relations Act. This means that the provisions of section 191 (1) (b) (ii) of the LRA applies. The provisions of this subsection require that the referral should be made within 90 days.