Bodibe v Public Service Co-ordinating Bargaining Council and Others (JR490/15) [2018] ZALCJHB 124 (23 March 2018)

Bodibe v Public Service Co-ordinating Bargaining Council and Others (JR490/15) [2018] ZALCJHB 124 (23 March 2018)

The arbitrator's jurisdictional ruling was objectively wrong. He relied on the Ministerial Memorandum without properly admitting it into evidence and failed to allow oral evidence to resolve factual disputes regarding the employment relationship and communication of the appeal outcome. The arbitrator also failed to comply with the prior Labour Court judgment, which had set aside an earlier award for exceeding powers and directed a hearing de novo. The arbitrator was obliged to ascertain the real dispute and was not bound by the parties' characterisation. The PSCBC had jurisdiction to determine the dispute, and the matter should be remitted for fresh arbitration before a different...

Citation
[2018] ZALCJHB 124
Parties
Applicant: Elizabeth Matlakala Bodibe; Respondent: Public Service Co-ordinating Bargaining Council; Respondent: Daniel Kgomotje Matji N.O.; Respondent: Minister of Justice and Constitutional Development
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 March 2018
Case Number
JR490/15
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award set aside; matter remitted for fresh arbitration before a different commissioner; no order as to costs.
Judges
Mahosi
Legal Topics
Jurisdiction of Bargaining Council, Collective Agreement Interpretation, Employment Relationship, Review of Arbitration Award, Disciplinary Procedure, Remittal for Fresh Arbitration
Labour Law Civil Procedure Jurisdiction of Bargaining Council Collective Agreement Interpretation Employment Relationship Review of Arbitration Award Disciplinary Procedure Remittal for Fresh Arbitration

Case Brief

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Parties

Elizabeth Matlakala Bodibe

Applicant

Public Service Co-ordinating Bargaining Council

Respondent

Daniel Kgomotje Matji N.O.

Respondent

Minister of Justice and Constitutional Development

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's jurisdictional ruling was objectively wrong.
  2. 2 Whether the applicant was an employee at the time the dispute arose.
  3. 3 Whether the PSCBC had jurisdiction to entertain the dispute.

Ratio Decidendi

The arbitrator's jurisdictional ruling was objectively wrong. He relied on the Ministerial Memorandum without properly admitting it into evidence and failed to allow oral evidence to resolve factual disputes regarding the employment relationship and communication of the appeal outcome. The arbitrator also failed to comply with the prior Labour Court judgment, which had set aside an earlier award for exceeding powers and directed a hearing de novo. The arbitrator was obliged to ascertain the real dispute and was not bound by the parties' characterisation. The PSCBC had jurisdiction to determine the dispute, and the matter should be remitted for fresh arbitration before a different...

Court Disposition

Arbitration award set aside; matter remitted for fresh arbitration before a different commissioner; no order as to costs.

Orders

  • The arbitration award issued by the second respondent dated 12 March 2015 under case reference number PSCB 166-12/13 is reviewed and set aside.
  • The first respondent is directed to set down the dispute for arbitration before a commissioner other than the second respondent.