Barnard v Director, Safety and Security Secotral Bargaining Council and Others (JR2797/2005) [2007] ZALC 36 (6 June 2007)

Barnard v Director, Safety and Security Secotral Bargaining Council and Others (JR2797/2005) [2007] ZALC 36 (6 June 2007)

The court found that the arbitrator's award was supported by evidence, including the community's language needs and employment equity targets. The applicant failed to demonstrate that the award was irrational or unjustifiable in relation to the reasons given. The arbitrator's consideration of language proficiency and equity was reasonable and not challenged on constitutional grounds. The applicant did not establish any of the statutory grounds for review under section 145 of the Labour Relations Act, nor did she show that the arbitrator failed to apply his mind to the issues. Accordingly, the review application was dismissed.

Citation
[2007] ZALC 36
Parties
Applicant: Barnard, ESM; Respondent: The Director, Safety and Security Sectoral Bargaining Council; Respondent: Bosch, D N.O.; Respondent: South African Police Services
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
6 June 2007
Case Number
JR2797/2005
Procedural Posture
Review Application / Judgment
Outcome
Application for review and setting aside of the arbitration award is dismissed.
Judges
Ngalwana AJ
Legal Topics
Unfair Labour Practice, Promotion Dispute, Language Requirement, Employment Equity, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Promotion Dispute Language Requirement Employment Equity Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Barnard, ESM

Applicant

The Director, Safety and Security Sectoral Bargaining Council

Respondent

Bosch, D N.O.

Respondent

South African Police Services

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award regarding the promotion was irrational or unjustifiable in relation to the reasons given.
  2. 2 Whether the requirement of proficiency in an African language constituted an unfair labour practice.
  3. 3 Whether equity and representativeness considerations were relevant and properly considered in the promotion decision.

Ratio Decidendi

The court found that the arbitrator's award was supported by evidence, including the community's language needs and employment equity targets. The applicant failed to demonstrate that the award was irrational or unjustifiable in relation to the reasons given. The arbitrator's consideration of language proficiency and equity was reasonable and not challenged on constitutional grounds. The applicant did not establish any of the statutory grounds for review under section 145 of the Labour Relations Act, nor did she show that the arbitrator failed to apply his mind to the issues. Accordingly, the review application was dismissed.

Court Disposition

Application for review and setting aside of the arbitration award is dismissed.

Orders

  • The application for review and setting aside of the second respondent's award is dismissed.
  • No order as to costs.