Chabeli and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR2533/18) [2021] ZALCJHB 386 (21 October 2021)

Chabeli and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR2533/18) [2021] ZALCJHB 386 (21 October 2021)

The court held that the applicants failed to establish that the collective agreement was a policy or practice applicable to them or that they had a right or entitlement to the benefits granted to bargaining unit employees. The commissioner correctly applied the legal test for unfair labour practice benefits, as set out in Apollo Tyres, and found that the dispute did not fall within the definition of unfair labour practice under section 186(2)(a) of the LRA. The commissioner’s decision was reasonable and not reviewable under section 145 of the LRA. The application to set aside the arbitration award was dismissed.

Citation
[2021] ZALCJHB 386
Parties
Applicant: Thato Chabeli & 118 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner R Byrne; Respondent: South African Bureau of Standards
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 October 2021
Case Number
JR2533/18
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review and setting aside of the arbitration award is dismissed.
Judges
Mahosi
Legal Topics
Unfair Labour Practice, Collective Agreement, Benefits Definition, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Collective Agreement Benefits Definition Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Thato Chabeli & 118 Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner R Byrne

Respondent

South African Bureau of Standards

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner’s award constituted a reviewable irregularity under section 145 of the LRA.
  2. 2 Whether the applicants were entitled to benefits granted to employees in the bargaining unit P8-P18 under a collective agreement.
  3. 3 Whether the collective agreement constituted a policy or practice applicable to the applicants.

Ratio Decidendi

The court held that the applicants failed to establish that the collective agreement was a policy or practice applicable to them or that they had a right or entitlement to the benefits granted to bargaining unit employees. The commissioner correctly applied the legal test for unfair labour practice benefits, as set out in Apollo Tyres, and found that the dispute did not fall within the definition of unfair labour practice under section 186(2)(a) of the LRA. The commissioner’s decision was reasonable and not reviewable under section 145 of the LRA. The application to set aside the arbitration award was dismissed.

Court Disposition

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

Orders

  • The application to review and set aside the arbitration award issued by the second respondent under case number GATW 654-18, dated 31 October 2018, is dismissed.
  • There is no order as to costs.