Hlophe vs Shiselweni Interstate Kombi Association (186/2017) [2018] SZIC 73 (13 July 2018);

           

 

 

IN THE INDUSTRIAL COURT OF ESWATINI

 

HELD AT MBABANE                                                            Case No. 186/2017 (B)

 

 

In the matter between:

 

 

SANDISE HLOPHE                                                Applicant

                                                        

and

 

SHISELWENI INTERSTATE KOMBI               Respondent

ASSOCIATION

 

 

 

Neutral citation:     Sandise Hlophe vs Shiselweni Interstate Kombi

Association [186/2017] [2018] SZIC 73 (13 July 2018)

 

Coram:                 Nsibande JP,

(Sitting with N.R. Manana and M.P. Dlamini

Nominated Members of the Court)            

 

 

Date Heard:         28 June 2018

 

Date Delivered:    13 July 2018

 

 

 

 

 

 

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RULING

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[1]     The Applicant seeks an order directing that the matter be referred to arbitration under the auspices of CMAC as provided for by Section 8 (3) and Section 85 (2) of the Industrial Relations Act of 2000 (as amended).

 

[2]     The support of his application for referral, the Applicant argued that:

          2.1     The issues for determination are not complex.

2.2     The amount sought is not substantial being a sum of

E41 992.16

2.3     The Respondent will not suffer any prejudice if the dispute is referred to arbitration.

 

[3]     The Respondent argues that:

3.1     The issues involved were complex in that by its very nature the determination of unfair dismissal disputes is complex.

3.2     The Applicant has raised the issue of substantive and procedural unfairness thus the matter requires legal analysis.

3.3     There are numerous disputes of facts such as whether the Applicant was retrenched or unfairly dismissed.

 

[4]     Taking into account the fact that CMAC arbitrators are now all experienced legal practitioners and holders of the LLB degree (see The attitude of the Industrial Court to Labour Arbitration Referrals – Nathi Gumede) and looking at the issues involved in this dispute (whether the purported retrenchment was procedural and whether Applicant was entitled to any payment on retrenchment) I have no doubt that the Respondent will suffer no prejudice if this matter is referred to arbitration.

 

[5]     Further I notice that the claim is inflated by a claim for underpayments.   A claim for underpayments is not complicated in my view.  In any event the amount of E41 992.16 is not in my view substantial even for the Respondent.

 

 [6]    I therefore order that;

 

  1. The dispute is referred to arbitration under the auspices of CMAC.

 

          2.       There is no order as to costs.

 

                   

 

 

_____________

S. NSIBANDE

JUDGE PRESIDENT OF THE INDUSTRIAL COURT OF ESWATINI

 

 

For Applicant:     Mr B. Dlamini

                              (Fakudze Attorneys)

                                               

For Respondent:  Ms. T. Dlamini

                             (Dunseith Attorneys)