BEMWU obo Lengoasa and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 2279/17) [2020] ZALCJHB 260 (17 December 2020)

BEMWU obo Lengoasa and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR 2279/17) [2020] ZALCJHB 260 (17 December 2020)

The court found that the arbitrator correctly determined that the change in shift pattern did not constitute a unilateral change to terms and conditions of employment, as it was implemented in accordance with a collective agreement and did not exceed the maximum contractual hours. The arbitrator reasonably concluded that the instruction to comply with the new shift roster was lawful and reasonable, and that the applicants' refusal amounted to serious insubordination. The evidence showed that there was a protracted negotiation process and that the union was not forthcoming in consultations. The arbitrator exercised his discretion properly in finding dismissal to be an appropriate sanction,...

Citation
[2020] ZALCJHB 260
Parties
Applicant: BEMAWU obo D Lengoasa and 2 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: C Havenga N.O; Respondent: SABC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 December 2020
Case Number
JR 2279/17
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed.
Judges
Van Niekerk
Legal Topics
Unilateral Change of Terms, Collective Agreement, Insubordination, Dismissal for Misconduct, Arbitration Review
Labour Law Civil Procedure Unilateral Change of Terms Collective Agreement Insubordination Dismissal for Misconduct Arbitration Review

Case Brief

Summary, issues, holding and outcome

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Parties

BEMAWU obo D Lengoasa and 2 Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

C Havenga N.O

Respondent

SABC

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the change in shift pattern constituted a unilateral change to terms and conditions of employment.
  2. 2 Whether the instruction to comply with the new shift roster was lawful and reasonable.
  3. 3 Whether there was adequate consultation regarding the change in shift pattern.

Ratio Decidendi

The court found that the arbitrator correctly determined that the change in shift pattern did not constitute a unilateral change to terms and conditions of employment, as it was implemented in accordance with a collective agreement and did not exceed the maximum contractual hours. The arbitrator reasonably concluded that the instruction to comply with the new shift roster was lawful and reasonable, and that the applicants' refusal amounted to serious insubordination. The evidence showed that there was a protracted negotiation process and that the union was not forthcoming in consultations. The arbitrator exercised his discretion properly in finding dismissal to be an appropriate sanction,...

Court Disposition

Application for review dismissed.

Orders

  • The application is dismissed.