South African Clothing and Textile Workers Union (SACTWU) and Others v Moolajie N.O and Others

SACTWU and 22 employee members were employed by Mika Industries CC, which was voluntarily liquidated in March 2021. The employees alleged that they were dismissed because of, or for reasons related to, the transfer of Mika Industries’ business to Precision Cutting and Trims (Pty) Ltd as a going concern, triggering sections 197 and 197A of the Labour Relations Act (LRA). The dispute was referred to the CCMA for conciliation in April 2021, initially citing only Mika Industries. Precision Cutting was joined by a CCMA ruling in July 2021. The matter proceeded to attempted arbitration, but in February 2022 the CCMA ruled that it lacked jurisdiction, as the dispute concerned automatically unfair dismissals requiring adjudication by the Labour Court. The applicants referred the dispute to the Labour Court in May 2022, almost ten months outside the prescribed 90-day period, and applied for condonation for the late referral.

Condonation for the late referral of the statement of case to the Labour Court was granted. Each party was ordered to pay its own costs.

The judgment reinforces the interpretation of section 191 of the LRA that the 90-day period for referring disputes to the Labour Court is triggered by the earlier of the expiry of 30 days after referral to the CCMA or the issuance of a certificate of outcome. It also illustrates the Labour Court’s flexible, interest-of-justice approach to condonation, particularly in collective dismissal disputes involving multiple employees and complex procedural histories.