Dihlabeng Local Municipality v Independent Municipal And Allied Trade Union obo Motloun (JR2401/09) [2014] ZALCJHB 105 (28 March 2014)

Dihlabeng Local Municipality v Independent Municipal And Allied Trade Union obo Motloun (JR2401/09) [2014] ZALCJHB 105 (28 March 2014)

The court found that the applicant failed to explain the entire period of delay but, when balancing prejudice and interests of justice, condonation was granted. On review, the arbitrator failed to address the principal issue—whether the individual first respondent's elevation was due to promotion or the placement policy. The arbitrator disregarded relevant evidence and reached a decision outside the scope of the dispute. These irregularities rendered the award unreasonable and reviewable. The award was set aside and the matter remitted for fresh arbitration.

Citation
[2014] ZALCJHB 105
Parties
Applicant: Dihlabeng Local Municipality; Respondent: Independent Municipal And Allied Trade Union obo B J Motloun; Respondent: A V Lekota
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2014
Case Number
JR2401/09
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
The arbitration award is reviewed and set aside; the matter is remitted for fresh arbitration before a different arbitrator.
Judges
Lallie
Legal Topics
Condonation, Unfair Labour Practice, Arbitration Review, Collective Agreement, Remuneration Dispute
Labour Law Civil Procedure Condonation Unfair Labour Practice Arbitration Review Collective Agreement Remuneration Dispute

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dihlabeng Local Municipality

Applicant

Independent Municipal And Allied Trade Union obo B J Motloun

Respondent

A V Lekota

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether condonation for late filing of the review application should be granted.
  2. 2 Whether the arbitrator failed to address the principal issue in the arbitration.
  3. 3 Whether the arbitration award was reasonable and supported by the evidence.

Ratio Decidendi

The court found that the applicant failed to explain the entire period of delay but, when balancing prejudice and interests of justice, condonation was granted. On review, the arbitrator failed to address the principal issue—whether the individual first respondent's elevation was due to promotion or the placement policy. The arbitrator disregarded relevant evidence and reached a decision outside the scope of the dispute. These irregularities rendered the award unreasonable and reviewable. The award was set aside and the matter remitted for fresh arbitration.

Court Disposition

The arbitration award is reviewed and set aside; the matter is remitted for fresh arbitration before a different arbitrator.

Orders

  • The arbitration award issued by the second respondent under case number ESD 100702 and dated 10 June 2009 is reviewed and set aside.
  • The matter is remitted to the South African Local Government Bargaining Council to be arbitrated de novo by an arbitrator other than the second respondent.