Department of Education v General Public Service and Others (D269/12) [2014] ZALCD 6 (12 March 2014)

Department of Education v General Public Service and Others (D269/12) [2014] ZALCD 6 (12 March 2014)

The court found that the Bargaining Council lacked jurisdiction to arbitrate the dispute because the referral was made fifteen months out of time and no condonation application was submitted by the third respondent. The second respondent erred in treating the dispute as ongoing during its dormancy and failed to...

Source-derived case information.

Citation
[2014] ZALCD 6
Parties
Applicant: Department of Education; Respondent: General Public Service Sectoral Bargaining Council (GPSSBC); Respondent: Commissioner Dawn Bell; Respondent: JM Mkhize
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
12 March 2014
Case Number
D269/12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application granted; arbitration award set aside; matter remitted for consideration of condonation application.
Judges
Cele
Legal Topics
Unfair Labour Practice, Promotion Dispute, Condonation, Jurisdiction of Bargaining Council, Acting Allowance
Labour Law Civil Procedure Unfair Labour Practice Promotion Dispute Condonation Jurisdiction of Bargaining Council Acting Allowance

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Parties

Department of Education

Applicant

General Public Service Sectoral Bargaining Council (GPSSBC)

Respondent

Commissioner Dawn Bell

Respondent

JM Mkhize

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Bargaining Council had jurisdiction to arbitrate the dispute in the absence of a condonation application for late referral.
  2. 2 Whether the arbitration award was reviewable on grounds of gross irregularity and unreasonableness.
  3. 3 Whether acting against a post creates a legitimate expectation or automatic right to promotion.

Ratio Decidendi

The court found that the Bargaining Council lacked jurisdiction to arbitrate the dispute because the referral was made fifteen months out of time and no condonation application was submitted by the third respondent. The second respondent erred in treating the dispute as ongoing during its dormancy and failed to apply the statutory time limitation. The court held that acting against a post does not confer an automatic right to promotion, and the differentiation between Ms Mkhize and other employees was not substantiated by evidence. The arbitration award was set aside on the basis of lack of jurisdiction, and the matter was remitted to the Bargaining Council to consider any condonation...

Court Disposition

Review application granted; arbitration award set aside; matter remitted for consideration of condonation application.

Orders

  • Condonation for the late filing of the review application is granted.
  • The arbitration award of the second respondent is reviewed and set aside.