CCMA Case – Rosemary Maposa & 4 Others vs. Lococo Trade (Pty) Ltd

Background

The case involved five former employees — Rosemary Maposa and four others — who were employed by Lococo Trade (Pty) Ltd as general workers earning R6,600 per month. After their employment ended in April 2025, they claimed the company still owed them payment for outstanding leave days. Their trade union, LEWUSA, referred the dispute to the CCMA under section 73A of the Basic Conditions of Employment Act (BCEA), which allows employees to claim unpaid amounts.

Earlier Proceedings

Initially, a default arbitration award was granted in the employees’ favour after the employer failed to attend the hearing in May 2025. However, Lococo Trade later applied for rescission (to have that decision set aside), which was granted in July 2025. The matter was then rescheduled for arbitration in October 2025.

Key Arguments

• Employer’s Position: The employer, represented by an attorney, argued that the case should not proceed because it had already been settled through a prior CCMA settlement agreement signed in June 2025. This, they claimed, made the matter res judicata (already decided and settled).

• Employees’ Position: The applicants insisted that the company still owed them R6,600 each for their leave pay, despite receiving a payment from the employer in May 2025.

Findings

Commissioner Lerato Sikwane reviewed the settlement agreement and payment records. The employees had already:

• Worked and been paid for their notice period.

• Received R6,600 each in May 2025 from the employer — which the Commissioner determined was payment for their leave days, not additional notice pay.

As a result, the Commissioner found that the claim had already been settled and paid in full.

Ruling

The CCMA upheld the employer’s preliminary objection and ruled that:

• The dispute was res judicata (already resolved).

• The CCMA therefore lacked jurisdiction to hear the matter further.

Conclusion

This case serves as an important reminder that once a dispute has been settled through the CCMA — particularly where a “full and final settlement” agreement is signed — employees cannot reopen the same claim later. It also underscores the importance of clarity in settlement agreements regarding statutory payments such as leave pay or notice pay.