Jurisdiction of the CCMA

Employees dismissed for contravening employer’s disciplinary code – stole watermelons belonging to a client. CCMA confirmed dismissals after they lodged unfair dismissal claim. Employees took the decision of the CCMA on review in the Labour Court, challenging the award on the validity of their dismissal as well as challenging the validity and lawfulness of the General Manager’s decision to overturn the initial sanction handed down by the chairperson of the internal disciplinary hearing. They contended that the decision was contrary to the collective agreement. Court held that the employees referred the dismissal to the CCMA, their referral documents indicated substantively and procedurally unfair dismissal and that gave the CCMA jurisdiction. Court found it unnecessary to deal with the allegation of validity and lawfulness. Appeal dismissed.