Department of Justice v Commission for Conciliation, and Mediation and Arbitration & Others (C718/00) [2002] ZALC 19; (2001) 22 ILJ 2439 (LC); [2002] 7 BLLR 616 (LC) (1 March 2002)

Department of Justice v Commission for Conciliation, and Mediation and Arbitration & Others (C718/00) [2002] ZALC 19; (2001) 22 ILJ 2439 (LC); [2002] 7 BLLR 616 (LC) (1 March 2002)

The Court held that the positions in question were appointments rather than promotions because they were open to external candidates. The Commissioner’s award was set aside on the basis that he exceeded his powers by effectively usurping the function of the Public Service Commission, which was not a party to the proceedings. The Court applied general principles of law regarding jurisdiction, finding that where multiple causes of action exist, the applicant may select the cause to pursue. The Commissioner’s findings were found not to be rationally connected to the evidence. Given the general importance of the issues and the possibility of a different interpretation by another Court, leave...

Citation
[2002] ZALC 19
Parties
Applicant: The Department of Justice; Respondent: The Commission for Conciliation, Mediation and Arbitration & Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 March 2002
Case Number
C718/00
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment
Outcome
Leave to appeal against the whole judgment of this Court is granted.
Judges
Waglay
Legal Topics
Unfair Labour Practice, Promotion Vs Appointment, Jurisdiction, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Promotion Vs Appointment Jurisdiction Review of Arbitration Award

Case Brief

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Parties

The Department of Justice

Applicant

The Commission for Conciliation, Mediation and Arbitration & Others

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment

Legal Issues

  1. 1 Whether the filling of the advertised positions constituted appointments or promotions for purposes of unfair labour practice.
  2. 2 Whether the Commissioner exceeded his powers by effectively usurping the function of the Public Service Commission.
  3. 3 Whether the Court correctly applied the general principles for determining jurisdiction where multiple causes of action exist.

Ratio Decidendi

The Court held that the positions in question were appointments rather than promotions because they were open to external candidates. The Commissioner’s award was set aside on the basis that he exceeded his powers by effectively usurping the function of the Public Service Commission, which was not a party to the proceedings. The Court applied general principles of law regarding jurisdiction, finding that where multiple causes of action exist, the applicant may select the cause to pursue. The Commissioner’s findings were found not to be rationally connected to the evidence. Given the general importance of the issues and the possibility of a different interpretation by another Court, leave...

Court Disposition

Leave to appeal against the whole judgment of this Court is granted.

Orders

  • Leave to appeal against the whole judgment is granted.
  • The issue of costs of this application is to be dealt with on appeal.