I appreciate that there are inevitably those cases where a referring party is unaware of the jurisdictional divide between this court and the CCMA or a bargaining council based as it is, on the reason for dismissal and that in some cases, particularly at the phase of conciliation, guidance is appropriate.  What is not appropriate, as I have sought to indicate above, is the patronizing approach indicated by the facts in the present instance where on the basis of a bald assertion made during the course of giving evidence in chief or cross-examination, the arbitrator decides on that basis alone that he or she has no jurisdiction to further entertain the claim.

Van Niekerk J in Noko v Pharmacare Ltd (PS 44/2013) [2015] ZALCPE 30 (24 April 2015) at para [9].