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dc.date.accessioned 2017-04-08T17:18:14Z
dc.date.available 2017-04-08T17:18:14Z
dc.date.created 2015-02-17 en
dc.identifier.citation [2015] ZACC 3
dc.identifier.citation 2015 (4) BCLR 377 (CC)
dc.identifier.citation [2015] 5 BLLR 453 (CC)
dc.identifier.citation (2015) 36 ILJ 1189 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3780
dc.title F & J Electrical CC v MEWUSA obo Mashatola and Others en
dc.title.alternative CCT131/14 en
dc.identifier.casenumber CCT131/14 en
dc.contributor.judge Zondo J
dc.date.judgment 17 February 2015
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3780/Full%20judgment%20Official%20version%20%28132%20Kb%29-22692.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against a judgment of the Labour Court that dismissed an application for the rescission of a judgment granted against the applicant in its absence in favour of its former employees, the respondents. The Labour Court ordered payment of compensation to the employees equal to 24 months’ remuneration – on the basis that they were unfairly dismissed for union membership. The Court held that the Labour Court’s order arose from affidavits the employees submitted to the Labour Court, but not to the applicant. The applicant should have had an opportunity to answer these affidavits. Further, in their statement of claim preceding the affidavits, the employees claimed they were unaware of the reason for their dismissal – but in earlier proceedings before the CCMA, the applicant presented a document showing the dismissals were based on operational requirements. This led the CCMA to refer the matter to the Labour Court. There the employees without the applicant’s knowledge presented an entirely different case. The Court pointed out that a dismissal based on union membership carries double the amount for an operational requirements dismissal, and that the applicant was unaware of the altered allegations. In addition, the employees referred the dispute to the Labour Court after the statutory period had elapsed. This meant – failing condonation – the Labour Court did not have jurisdiction at all. The Court granted leave to appeal and upheld the appeal, setting aside the award in favour of the employees. Judgment: Zondo J (unanimous).
dc.concourt.casehistory Application for leave to appeal against a judgment of the Johannesburg Labour Court: F & J Electrical CC v MEWUSA obo Mashatola, Case No. JS1002/09, 29 June 2012.


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