PSA obo Traut v Department of Correctional Services (Western Cape) (C927/2013) [2015] ZALCCT 6 ; [2015] 5 BLLR 526; (2015) ILJ 1911 (23 January 2015) per Rabkin-Naicker J.

The Labour Court reviewed and set aside an award for lack of jurisdiction.  The application of the OSD to the employee was an “essential element” in two arbitrations.  Strictly speaking res judicata requires the same causes of action but the employee sought the same relief in both arbitrations.  Initially the employee relied on s 24 of the LRA and later on s 186(2)(a) of the LRA. The arbiter lacked jurisdiction as, ‘in the extended sense, the dispute between the parties was res judicata when it came before him’.