Arends and Others v South African Local Government Bargaining Council and Others (P107/12) [2013] ZALCPE 6; [2013] 5 BLLR 465 (LC); (2013) 34 ILJ 2560 (LC) (1 March 2013)

Arends and Others v South African Local Government Bargaining Council and Others (P107/12) [2013] ZALCPE 6; [2013] 5 BLLR 465 (LC); (2013) 34 ILJ 2560 (LC) (1 March 2013)

The court held that the bargaining council lacked jurisdiction to arbitrate the dispute because the applicants, as individual employees, were not parties to the collective agreement and therefore could not refer a dispute under section 24 of the LRA. The true nature of the dispute was a reduction of salary, which,...

Source-derived case information.

Citation
[2013] ZALCPE 6
Parties
Applicant: Arends and Others; Respondent: South African Local Government Bargaining Council; Respondent: Martin Le Roux Koorts N.O.; Respondent: Nelson Mandela Bay Municipality
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
1 March 2013
Case Number
P107/12
Procedural Posture
Review Application / Judgment on Review of Jurisdictional Ruling
Outcome
Application for review dismissed with costs.
Judges
Moshoana
Legal Topics
Collective Agreement Interpretation, Jurisdiction of Bargaining Council, Stipulatio Alteri, Review of Arbitration Award
Labour Law Civil Procedure Collective Agreement Interpretation Jurisdiction of Bargaining Council Stipulatio Alteri Review of Arbitration Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Arends and Others

Applicant

South African Local Government Bargaining Council

Respondent

Martin Le Roux Koorts N.O.

Respondent

Nelson Mandela Bay Municipality

Respondent

Procedural Posture

Review Application / Judgment on Review of Jurisdictional Ruling

Legal Issues

  1. 1 Whether the bargaining council had jurisdiction to arbitrate the dispute referred by the applicants.
  2. 2 Whether individual employees, as non-parties to the collective agreement, may refer disputes under section 24 of the LRA.
  3. 3 Whether the Pay Parity Collective Agreement confers a right preventing reduction of salary.

Ratio Decidendi

The court held that the bargaining council lacked jurisdiction to arbitrate the dispute because the applicants, as individual employees, were not parties to the collective agreement and therefore could not refer a dispute under section 24 of the LRA. The true nature of the dispute was a reduction of salary, which, although related to the collective agreement, was not a dispute about its interpretation or application as contemplated by section 24. The applicants failed to identify a specific clause in the Pay Parity Agreement that was breached. The arbitrator correctly found that the agreement did not confer a right preventing salary reduction and that payments made contra to the agreement...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.