Balfour/Siyathemba Transitional Local Authority v Commission for Conciliation, Mediation and Arbitration and Another (J937/97, J1284/97) [1998] ZALC 21 (4 June 1998)

Balfour/Siyathemba Transitional Local Authority v Commission for Conciliation, Mediation and Arbitration and Another (J937/97, J1284/97) [1998] ZALC 21 (4 June 1998)

The court found that the definition of 'reasonable distance' in the Home Owners Allowance Scheme required the property to be within the jurisdiction area of the Local authority unless the parties agreed otherwise. Tsotetsi's property was outside the jurisdiction area and no agreement existed to allow her to qualify for the housing allowance. The commissioner failed to apply the definition in the agreement and instead relied on his own subjective interpretation. This constituted a failure to apply his mind to the matter as required by law. The award was therefore irregular and grossly unreasonable, warranting review and setting aside. There was no purpose in referring the matter back to...

Citation
[1998] ZALC 21
Parties
Applicant: Balfour/Siyathemba Transitional Local Authority; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Julia Tsotetsi
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
4 June 1998
Case Number
J937/97, J1284/97
Procedural Posture
Review Application / Judgment on Review and Application to Make Award Order of Court
Outcome
The arbitration award was reviewed and set aside. The court determined that Tsotetsi did not qualify for a housing allowance. The application to make the award an order of court was dismissed. No order as to costs.
Judges
Mlambo
Legal Topics
Collective Agreement, Housing Allowance, Review of Arbitration Award, Jurisdictional Requirement
Labour Law Collective Agreement Housing Allowance Review of Arbitration Award Jurisdictional Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Balfour/Siyathemba Transitional Local Authority

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Julia Tsotetsi

Respondent

Procedural Posture

Review Application / Judgment on Review and Application to Make Award Order of Court

Legal Issues

  1. 1 Whether the arbitration award granting a housing allowance to Tsotetsi should be reviewed and set aside.
  2. 2 Whether Tsotetsi qualifies for a housing allowance under the Home Owners Allowance Scheme given the location of her property.
  3. 3 Whether the definition of 'reasonable distance' in the collective agreement was properly applied by the commissioner.

Ratio Decidendi

The court found that the definition of 'reasonable distance' in the Home Owners Allowance Scheme required the property to be within the jurisdiction area of the Local authority unless the parties agreed otherwise. Tsotetsi's property was outside the jurisdiction area and no agreement existed to allow her to qualify for the housing allowance. The commissioner failed to apply the definition in the agreement and instead relied on his own subjective interpretation. This constituted a failure to apply his mind to the matter as required by law. The award was therefore irregular and grossly unreasonable, warranting review and setting aside. There was no purpose in referring the matter back to...

Court Disposition

The arbitration award was reviewed and set aside. The court determined that Tsotetsi did not qualify for a housing allowance. The application to make the award an order of court was dismissed. No order as to costs.

Orders

  • The arbitration award is reviewed and set aside.
  • The court determines that the second respondent did not qualify for a housing allowance as her property is situated outside the jurisdiction area of the applicant.