Department of Justice and Constitutional Development v Johnson NO and Others (C36/2010) [2011] ZALCCT 40 (11 May 2011)

Department of Justice and Constitutional Development v Johnson NO and Others (C36/2010) [2011] ZALCCT 40 (11 May 2011)

The court found that the commissioner correctly identified the issue in dispute as whether the Department had fairly exercised its discretion in declining Cilliers' application for temporary incapacity leave. Having found that the Department acted fairly, the commissioner had no authority to grant further relief by...

Source-derived case information.

Citation
[2011] ZALCCT 40
Parties
Applicant: Department of Justice and Constitutional Development; Respondent: Carlton Johnson N.O.; Respondent: Public Servants Association OBO H Cilliers; Respondent: Public Service Co-ordinating Bargaining Council
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
11 May 2011
Case Number
C36/2010
Procedural Posture
Review Application / Judgment
Outcome
Arbitration award reviewed and set aside; matter remitted for determination before a different arbitrator; costs awarded to the applicant.
Judges
Van Voore AJ
Legal Topics
Arbitration Review, Collective Agreement Interpretation, Discretionary Powers, Temporary Disability Leave
Labour Law Civil Procedure Arbitration Review Collective Agreement Interpretation Discretionary Powers Temporary Disability Leave

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Summary, issues, holding and outcome

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Parties

Department of Justice and Constitutional Development

Applicant

Carlton Johnson N.O.

Respondent

Public Servants Association OBO H Cilliers

Respondent

Public Service Co-ordinating Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner exceeded his powers under section 145 of the Labour Relations Act by awarding temporary incapacity leave beyond the scope of the dispute.
  2. 2 Whether the Department fairly and lawfully exercised its discretion in declining the application for temporary incapacity leave.
  3. 3 Whether the commissioner had authority to award 151 working days of temporary incapacity leave to Cilliers.

Ratio Decidendi

The court found that the commissioner correctly identified the issue in dispute as whether the Department had fairly exercised its discretion in declining Cilliers' application for temporary incapacity leave. Having found that the Department acted fairly, the commissioner had no authority to grant further relief by awarding 151 working days of temporary incapacity leave. The award exceeded the scope of the dispute and the commissioner's powers under section 145 of the Labour Relations Act. The arbitration award was therefore reviewed and set aside, and the matter remitted for determination before a different arbitrator.

Court Disposition

Arbitration award reviewed and set aside; matter remitted for determination before a different arbitrator; costs awarded to the applicant.

Orders

  • The arbitration award of the First Respondent is reviewed and set aside.
  • The matter is remitted back to the Third Respondent for determination before an arbitrator other than the First Respondent.