Helderberg International Importers (Pty) Ltd v McGahey NO (C02/2014) [2015] ZALCCT 2 ; [2015] 4 BLLR 430 ; (2015) ILJ 1586 (23 January 2015) at para 11 with footnotes omitted.
Justice H Rabkin-Naicker
“I align myself with the conclusions reached in the Bombardier judgment, as have a number of other decisions in this court, that a certificate of outcome has no legal significance beyond a statement that the dispute referred to conciliation has been conciliated and was resolved or remained unresolved, as the case may be.
Further, in the absence of any relevant and prior jurisdictional ruling made by a conciliating commissioner, any party to a dispute referred to arbitration may raise any challenge to the CCMA’s jurisdiction at that stage, and the challenge must be dealt with by the arbitrating commissioner in terms of s 138(1).”