- Khayalethu Mazukwane says he was paid R3 430 instead of R9 960.45 and continues to be underpaid.
- Enoch Mgijima Local Municipality argued that the dispute was already settled and could not be revisited.
- The CCMA decided that the claim involves a different period and can go to arbitration.
A worker who claims he has been underpaid for more than three years has won the right to pursue his case against Enoch Mgijima Local Municipality after the CCMA ruled that it has jurisdiction to hear the dispute.
Khayalethu Mazukwane approached the CCMA alleging that he continued to receive less pay than he was entitled to earn. According to his claim, his April 2025 payslip reflected remuneration of R3 430 instead of R9 960.45. Mazukwane argued that the underpayment was ongoing and had not been resolved despite previous proceedings between the parties.
The municipality sought to prevent the matter from proceeding. It argued that the dispute had already been settled through an agreement concluded in December 2021 and that a previous CCMA ruling had already determined that the commission lacked jurisdiction to deal with the matter. The municipality further contended that any claim arising from the dispute had prescribed because it originated in 2021.
Matter already settled, municipality claims
The municipality relied on a settlement agreement concluded under case number ECEL3146-21. In terms of that agreement, Mazukwane was to receive payment of R243 620 by no later than 25 February 2022.
The municipality argued that the latest referral involved the same parties and facts as earlier proceedings and was therefore barred by the principle of res judicata, which prevents the same dispute from being heard repeatedly.
Mazukwane disputed that contention and maintained that his complaint concerned continued underpayment after the settlement agreement had been concluded. He argued that the municipality had failed to show that the present dispute was the same as the earlier matters.
Commissioner snays claim covers new period
Commissioner Thobela Ncetezo examined the settlement agreement and found that the current dispute concerns a period that falls outside its scope.
The commissioner noted that the present referral relates to a dispute that allegedly arose on 30 March 2022 and covers alleged underpayments from February 2022 to April 2025.
“This period falls outside the scope of the settlement agreement concluded by the parties on 2 December 2021,” Ncetezo wrote.
The commissioner further found, “The period for which the Applicant is claiming the alleged underpayment is from February 2022 to April 2025. It is therefore my considered view that the current dispute is not for the same period for matters under ECEL3146-21 and ECEL4145-22.”
Because the claim concerns a different period, the commissioner rejected the municipality’s argument that the matter had already been decided.
Dispute moves forward to arbitration
Having dismissed the municipality’s preliminary objection, Commissioner Ncetezo ruled that the CCMA has jurisdiction to arbitrate the dispute.
The commissioner ordered that the matter be rescheduled for arbitration and that all parties be properly notified of the date, time and venue of the hearing.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
