Abrahams v General Public Service Sectoral Bargaining Council and Others (JR1790/08) [2011] ZALCJHB 24; [2012] 2 BLLR 172 (LC) (2 February 2011)

Abrahams v General Public Service Sectoral Bargaining Council and Others (JR1790/08) [2011] ZALCJHB 24; [2012] 2 BLLR 172 (LC) (2 February 2011)

The court found that the disciplinary proceedings did not satisfy the requirements of section 188A of the Labour Relations Act and thus did not constitute an arbitration under that section. The bargaining council was mandated only to facilitate the disciplinary process, not to arbitrate. The applicant was properly notified of the hearing at the address she provided, and the chairperson proceeded in her absence after confirming service. The applicant failed to demonstrate that the decision to dismiss her was unreasonable or irrational, and the uncontested evidence supported the dismissal. The application for review was dismissed, and no order as to costs was made.

Citation
[2011] ZALCJHB 24
Parties
Applicant: S Abrahams; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Department of Public Transport and Works: Gauteng Provincial Government; Respondent: Advocate PH Kirsten; Respondent: The Secretary: GPSSBC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 February 2011
Case Number
JR1790/08
Procedural Posture
Review Application / Judgment
Outcome
The application to review the outcome of the disciplinary hearing is dismissed.
Judges
Molahlehi
Legal Topics
Disciplinary Code and Procedure, Pre Dismissal Arbitration, Rescission of Award, Jurisdiction of Bargaining Council, Notice and Default, Review of Dismissal
Labour Law Civil Procedure Disciplinary Code and Procedure Pre Dismissal Arbitration Rescission of Award Jurisdiction of Bargaining Council Notice and Default Review of Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

S Abrahams

Applicant

General Public Service Sectoral Bargaining Council

Respondent

Department of Public Transport and Works: Gauteng Provincial Government

Respondent

Advocate PH Kirsten

Respondent

The Secretary: GPSSBC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the first respondent had jurisdiction to entertain the rescission application regarding the disciplinary award.
  2. 2 Whether the disciplinary proceedings constituted an arbitration under section 188A of the Labour Relations Act.
  3. 3 Whether the applicant was properly notified of the disciplinary hearing and whether the dismissal decision was reviewable.

Ratio Decidendi

The court found that the disciplinary proceedings did not satisfy the requirements of section 188A of the Labour Relations Act and thus did not constitute an arbitration under that section. The bargaining council was mandated only to facilitate the disciplinary process, not to arbitrate. The applicant was properly notified of the hearing at the address she provided, and the chairperson proceeded in her absence after confirming service. The applicant failed to demonstrate that the decision to dismiss her was unreasonable or irrational, and the uncontested evidence supported the dismissal. The application for review was dismissed, and no order as to costs was made.

Court Disposition

The application to review the outcome of the disciplinary hearing is dismissed.

Orders

  • The applicant's application to review the outcome of the disciplinary hearing is dismissed.
  • There is no order as to costs.