Appels v Education Labour Relations and Others (J2264/17) [2017] ZALCJHB 428; (2018) 39 ILJ 816 (LC) (7 November 2017)

Appels v Education Labour Relations and Others (J2264/17) [2017] ZALCJHB 428; (2018) 39 ILJ 816 (LC) (7 November 2017)

The court held that the applicant is bound by the collective agreement concluded in the bargaining council, which lawfully establishes a 30-day time limit for the referral of promotion disputes, notwithstanding the 90-day period in section 191 of the LRA. Section 51(9) of the LRA empowers bargaining councils to design their own dispute resolution procedures by collective agreement, and there is no statutory requirement that such procedures must replicate the time periods in the LRA. The rationale for the shorter period is to ensure expeditious resolution of promotion disputes, which serves legitimate interests. The procedure is rational, fair, and consistent with the LRA, and condonation...

Citation
[2017] ZALCJHB 428
Parties
Applicant: Leon Logan Appels; Respondent: Education Labour Relations; Respondent: North West Department of Education and Sport Development; Respondent: South African Democratic Teachers Union; Respondent: National Professional Teachers’ Associations of South Africa; Respondent: Suid-Afrikaanse Onderwysunie; Respondent: National Teacher’s Union; Respondent: Professional Educator’s Union; Respondent: Public Servant’s Association; Respondent: Health and Other Service Personnel Trade Union of South Africa; Respondent: Dr. A.D Abdool; Respondent: The Registrar of Labour Relations
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 November 2017
Case Number
J2264/17
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed. Applicant granted leave to apply for condonation within 14 days.
Judges
A van Niekerk
Legal Topics
Collective Agreements, Promotion Disputes, Condonation, Jurisdiction of Bargaining Councils, Time Limits for Referral, Unfair Labour Practice
Labour Law Civil Procedure Collective Agreements Promotion Disputes Condonation Jurisdiction of Bargaining Councils Time Limits for Referral Unfair Labour Practice

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Parties

Leon Logan Appels

Applicant

Education Labour Relations

Respondent

North West Department of Education and Sport Development

Respondent

South African Democratic Teachers Union

Respondent

National Professional Teachers’ Associations of South Africa

Respondent

Suid-Afrikaanse Onderwysunie

Respondent

National Teacher’s Union

Respondent

Professional Educator’s Union

Respondent

Public Servant’s Association

Respondent

Health and Other Service Personnel Trade Union of South Africa

Respondent

Dr. A.D Abdool

Respondent

The Registrar of Labour Relations

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether a bargaining council may vary a statutory time limit for referral of a dispute fixed by the Labour Relations Act.
  2. 2 Whether the bargaining council's constitution lawfully overrides the 90-day referral period in section 191 of the LRA for promotion disputes.
  3. 3 Whether the applicant is bound by the collective agreement reducing the referral period to 30 days.

Ratio Decidendi

The court held that the applicant is bound by the collective agreement concluded in the bargaining council, which lawfully establishes a 30-day time limit for the referral of promotion disputes, notwithstanding the 90-day period in section 191 of the LRA. Section 51(9) of the LRA empowers bargaining councils to design their own dispute resolution procedures by collective agreement, and there is no statutory requirement that such procedures must replicate the time periods in the LRA. The rationale for the shorter period is to ensure expeditious resolution of promotion disputes, which serves legitimate interests. The procedure is rational, fair, and consistent with the LRA, and condonation...

Court Disposition

Application dismissed. Applicant granted leave to apply for condonation within 14 days.

Orders

  • The application is dismissed.
  • The applicant is granted 14 days from the date of this order to apply to the first respondent for condonation for the late referral of his dispute.