Adams v Safety and Security Sectoral Bargaining Council and Others (JR831/11) [2015] ZALCJHB 327 (22 September 2015)

Adams v Safety and Security Sectoral Bargaining Council and Others (JR831/11) [2015] ZALCJHB 327 (22 September 2015)

The court held that the arbitrator's decision to dismiss the applicant's claim was reasonable and justified based on the material before her. The applicant failed to provide oral evidence or substantiate his claim of unfair labour practice, relying solely on documents and written heads of argument, which do not constitute evidence. The arbitrator correctly found no evidence of discrimination or unfairness in the promotion process, and the applicant did not discharge the onus to prove his case. The court emphasized that an employee is entitled only to a fair opportunity to compete for a position and fair consideration of their application, not to promotion itself. The review application...

Citation
[2015] ZALCJHB 327
Parties
Applicant: SUPT. MM Adams; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: Joyce Tohlang; Respondent: Minister of Safety and Security; Respondent: South African Police Service; Commissioner of Police
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2015
Case Number
JR831/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Labour Practice, Promotion Dispute, Arbitration Review, Employment Equity, Onus of Proof
Labour Law Unfair Labour Practice Promotion Dispute Arbitration Review Employment Equity Onus of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

SUPT. MM Adams

Applicant

Safety and Security Sectoral Bargaining Council

Respondent

Joyce Tohlang

Respondent

Minister of Safety and Security

Respondent

South African Police Service; Commissioner of Police

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the failure to promote the applicant constituted an unfair labour practice under section 186(2) of the Labour Relations Act.
  2. 2 Whether the arbitrator's award was justifiable and rational based on the evidence presented.
  3. 3 Whether the arbitrator failed to apply her mind to the evidence and committed a gross irregularity.

Ratio Decidendi

The court held that the arbitrator's decision to dismiss the applicant's claim was reasonable and justified based on the material before her. The applicant failed to provide oral evidence or substantiate his claim of unfair labour practice, relying solely on documents and written heads of argument, which do not constitute evidence. The arbitrator correctly found no evidence of discrimination or unfairness in the promotion process, and the applicant did not discharge the onus to prove his case. The court emphasized that an employee is entitled only to a fair opportunity to compete for a position and fair consideration of their application, not to promotion itself. The review application...

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award dated 3 March 2011 issued under case number PSSS567-05/06 by the Second Respondent is dismissed.
  • There is no order as to costs.