Coetzee and Others v Public Health And Social Development Sectoral Bargaining Council and Others (C819/15) [2016] ZALCCT 21 (12 July 2016)

Coetzee and Others v Public Health And Social Development Sectoral Bargaining Council and Others (C819/15) [2016] ZALCCT 21 (12 July 2016)

Condonation for the late filing of the review application is granted due to the interests of justice and the complex procedural history. The second respondent's jurisdictional ruling is set aside because the record does not reveal a proper basis for the decision, nor does it show that the second respondent applied her mind to the interpretation of the collective agreement. The matter is remitted to the Bargaining Council for arbitration before a different arbitrator, as the Labour Court does not have jurisdiction to determine the interpretation and application of the collective agreement. The setting aside of the ruling does not constitute a finding on jurisdiction, which must be...

Citation
[2016] ZALCCT 21
Parties
Applicant: A R Coetzee & 49 Others; Respondent: Public Health and Social Development Sectoral Bargaining Council; Respondent: Faith Ncumisa Bantwini N.O.; Respondent: MEC of the Western Cape Provincial Government Health Department
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
12 July 2016
Case Number
C819/15
Procedural Posture
Review Application / Judgment on Review of Jurisdictional Ruling
Outcome
Condonation granted for late filing; jurisdictional ruling set aside; dispute referred to arbitration before a different arbitrator; no costs order.
Judges
Rabkin-Naicker
Legal Topics
Jurisdiction of Bargaining Council, Interpretation of Collective Agreement, Condonation for Late Filing, Review of Jurisdictional Ruling, Referral to Arbitration
Labour Law Civil Procedure Jurisdiction of Bargaining Council Interpretation of Collective Agreement Condonation for Late Filing Review of Jurisdictional Ruling Referral to Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

A R Coetzee & 49 Others

Applicant

Public Health and Social Development Sectoral Bargaining Council

Respondent

Faith Ncumisa Bantwini N.O.

Respondent

MEC of the Western Cape Provincial Government Health Department

Respondent

Procedural Posture

Review Application / Judgment on Review of Jurisdictional Ruling

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the Bargaining Council had jurisdiction to conciliate the dispute regarding the scarce skills allowance.
  3. 3 Whether the second respondent's jurisdictional ruling should be set aside and the dispute referred to arbitration.

Ratio Decidendi

Condonation for the late filing of the review application is granted due to the interests of justice and the complex procedural history. The second respondent's jurisdictional ruling is set aside because the record does not reveal a proper basis for the decision, nor does it show that the second respondent applied her mind to the interpretation of the collective agreement. The matter is remitted to the Bargaining Council for arbitration before a different arbitrator, as the Labour Court does not have jurisdiction to determine the interpretation and application of the collective agreement. The setting aside of the ruling does not constitute a finding on jurisdiction, which must be...

Court Disposition

Condonation granted for late filing; jurisdictional ruling set aside; dispute referred to arbitration before a different arbitrator; no costs order.

Orders

  • Condonation is granted for the late filing of the review.
  • The ruling under case number PHS139/06/07 is reviewed and set aside.