Zixolislle Feni v Commissioner for Conciliation, Mediation and Arbitration and Others

The appellant was dismissed by the Pan South African Language Board on 29 June 2016 on grounds of incompatibility. He referred the dismissal to the CCMA alleging it was an automatically unfair dismissal based on protected disclosures. After conciliation failed and a certificate of non-resolution was issued, he lodged a second CCMA referral concerning the same dismissal, this time alleging unfairness on general procedural and substantive grounds. The CCMA upheld a jurisdictional objection that it was functus officio and lacked jurisdiction to entertain the second referral. The Labour Court dismissed the appellant’s challenge, leading to this appeal.

The appeal was dismissed with costs, and the Labour Court’s order confirming the CCMA’s lack of jurisdiction was upheld.

The case clarifies that an employee may not pursue multiple CCMA referrals based on different legal characterisations of unfairness arising from a single act of dismissal. It reinforces the application of lis pendens in labour disputes and promotes the LRA’s policy of finality and expedition in dismissal litigation.