Phathuxolo Patrick Maqavana v Massbuild (Pty) Ltd and Others

The applicant, Mr Phathuxolo Patrick Maqavana, was employed by Massbuild (Pty) Ltd as a merchandise controller earning R12 500 per month. He discovered that a colleague in the same position earned R16 500 per month. After an unsuccessful internal grievance, he referred a dispute to the CCMA in November 2016 alleging unfair discrimination under section 6 of the Employment Equity Act (EEA), initially on an arbitrary ground and later specifically on race. The dispute proceeded to arbitration, where a senior commissioner found that no unfair discrimination had occurred and dismissed the claim in an award dated 31 August 2017. The applicant did not appeal the award. In November 2017, he referred a second dispute to the CCMA, again alleging unfair discrimination relating to unequal pay, this time relying on an arbitrary ground. The respondents raised res judicata. Commissioner Nkopane upheld the jurisdictional point and declined jurisdiction. The applicant then brought a review application to the Labour Court.

The review application was dismissed, and each party was ordered to pay its own costs.

This judgment clarifies that under South African employment equity law, different discrimination grounds do not create separate causes of action. It affirms the application of the res judicata principle in CCMA and Labour Court proceedings involving unfair discrimination disputes, reinforcing finality, legal certainty, and the proper scope of the CCMA’s jurisdiction.