Choane v Skinner N.O and Others (JR1188/16) [2025] ZALCJHB 92 (5 March 2025)

Choane v Skinner N.O and Others (JR1188/16) [2025] ZALCJHB 92 (5 March 2025)

The court found that the arbitrator's decision fell within the band of reasonableness and was supported by the evidence. The Applicant's upgrade to post level 8 was subject to departmental policy as set out in the Ministerial Handbook, which required her to revert to her original post and salary after the MEC's term ended. The absence of a condition in the upgrade letter did not override the prevailing policy. The Applicant failed to prove any material irregularity, misconduct, or unreasonableness in the arbitrator's award. The court held that there was no unfair labour practice in the Applicant's transfer and salary downgrade, and there were no grounds to interfere with the arbitration...

Citation
[2025] ZALCJHB 92
Parties
Applicant: Refiloe Monica Choane; Respondent: Elsabe Skinner N.O; Respondent: Public, Health and Social Development Sectoral Bargaining Council (GPSSBC); Respondent: Department of Health (Free State Province)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 March 2025
Case Number
JR1188/16
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The application for review is dismissed.
Judges
N Tshisevhe
Legal Topics
Unfair Labour Practice, Review of Arbitration Award, Ministerial Handbook, Salary Downgrade, Secondment, Reasonableness Test
Labour Law Unfair Labour Practice Review of Arbitration Award Ministerial Handbook Salary Downgrade Secondment Reasonableness Test

Case Brief

Summary, issues, holding and outcome

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Parties

Refiloe Monica Choane

Applicant

Elsabe Skinner N.O

Respondent

Public, Health and Social Development Sectoral Bargaining Council (GPSSBC)

Respondent

Department of Health (Free State Province)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Third Respondent committed an unfair labour practice by transferring the Applicant back to her original position and reducing her salary from post level 8 to post level 5.
  2. 2 Whether the arbitration award by the First Respondent was unreasonable, irregular, or constituted misconduct warranting review and setting aside.

Ratio Decidendi

The court found that the arbitrator's decision fell within the band of reasonableness and was supported by the evidence. The Applicant's upgrade to post level 8 was subject to departmental policy as set out in the Ministerial Handbook, which required her to revert to her original post and salary after the MEC's term ended. The absence of a condition in the upgrade letter did not override the prevailing policy. The Applicant failed to prove any material irregularity, misconduct, or unreasonableness in the arbitrator's award. The court held that there was no unfair labour practice in the Applicant's transfer and salary downgrade, and there were no grounds to interfere with the arbitration...

Court Disposition

The application for review is dismissed.

Orders

  • The application for review is dismissed.
  • No order is made as to costs.