Booi v Amathole District Municipality and Others (CCT 119/20) [2021] ZACC 36; [2022] 1 BLLR 1 (CC); (2022) 43 ILJ 91 (CC) ; 2022 (3) BCLR 265 (CC) (19 October 2021)

Booi v Amathole District Municipality and Others (CCT 119/20) [2021] ZACC 36; [2022] 1 BLLR 1 (CC); (2022) 43 ILJ 91 (CC) ; 2022 (3) BCLR 265 (CC) (19 October 2021)

The Constitutional Court held that the Labour Court erred in interfering with the arbitrator's award of reinstatement. Section 193(2)(b) of the LRA sets a high threshold for intolerability, requiring compelling and objective evidence, which was not present in this case. The arbitrator properly considered the evidence and found that strained relations did not amount to intolerability, especially since Mr Booi was exonerated of all charges. The Labour Court improperly conducted a de novo enquiry and substituted its own view, which is impermissible on review. The doctrine of peremption did not bar Mr Booi's appeal due to his financial hardship, lack of legal knowledge, and the interests of...

Citation
[2021] ZACC 36
Parties
Applicant: Mlungisi Wellington Booi; Respondent: Amathole District Municipality; Respondent: South African Local Government Bargaining Council; Respondent: Mxolisi Alex Nozigqwaba N.O.
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
19 October 2021
Case Number
CCT 119/20
Procedural Posture
Leave to Appeal / Constitutional Court Judgment on Leave to Appeal and Review of Arbitration Award
Outcome
Appeal upheld; Labour Court order set aside; reinstatement and back-pay ordered; punitive costs order against Mr Booi set aside; no order as to costs in the Constitutional Court.
Judges
Khampepe, Jafta, Madlanga, Majiedt, Mhlantla, Pillay, Theron, Tlaletsi, Tshiqi
Legal Topics
Unfair Dismissal, Reinstatement, Intolerability Standard, Arbitration Review, Peremption, Labour Relations Act
Labour Law Civil Procedure Unfair Dismissal Reinstatement Intolerability Standard Arbitration Review Peremption Labour Relations Act

Case Brief

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Parties

Mlungisi Wellington Booi

Applicant

Amathole District Municipality

Respondent

South African Local Government Bargaining Council

Respondent

Mxolisi Alex Nozigqwaba N.O.

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Judgment on Leave to Appeal and Review of Arbitration Award

Legal Issues

  1. 1 Whether the Labour Court was entitled to interfere with the arbitrator's award of reinstatement under section 193(2)(b) of the Labour Relations Act.
  2. 2 Whether the employment relationship between Mr Booi and the Municipality was intolerable, justifying compensation instead of reinstatement.
  3. 3 Whether the doctrine of peremption barred Mr Booi from pursuing his appeal after accepting payment under the Labour Court's judgment.

Ratio Decidendi

The Constitutional Court held that the Labour Court erred in interfering with the arbitrator's award of reinstatement. Section 193(2)(b) of the LRA sets a high threshold for intolerability, requiring compelling and objective evidence, which was not present in this case. The arbitrator properly considered the evidence and found that strained relations did not amount to intolerability, especially since Mr Booi was exonerated of all charges. The Labour Court improperly conducted a de novo enquiry and substituted its own view, which is impermissible on review. The doctrine of peremption did not bar Mr Booi's appeal due to his financial hardship, lack of legal knowledge, and the interests of...

Court Disposition

Appeal upheld; Labour Court order set aside; reinstatement and back-pay ordered; punitive costs order against Mr Booi set aside; no order as to costs in the Constitutional Court.

Orders

  • Condonation is granted.
  • Leave to appeal is granted.