Ehlanzeni District Municipality and Another v South African Local Government Bargaining Council and Others (J1561/19) [2019] ZALCJHB 214 (6 September 2019)

Ehlanzeni District Municipality and Another v South African Local Government Bargaining Council and Others (J1561/19) [2019] ZALCJHB 214 (6 September 2019)

The Court found that the applicants failed to establish urgency, as the application was brought six weeks after the jurisdictional ruling and there was no evidence that arbitration was imminent. The urgency claimed was self-created and not justified. The applicants did not address the requirements for interim relief...

Source-derived case information.

Citation
[2019] ZALCJHB 214
Parties
Applicant: Ehlanzeni District Municipality; Applicant: Municipal Manager N.O: Ehlanzeni District Municipality; Respondent: South African Local Government Bargaining Council; Respondent: L.N Ngomane & 95 Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 September 2019
Case Number
J1561/19
Procedural Posture
Stay Application / Urgent Application for Stay of Arbitration Pending Review
Outcome
Application dismissed with costs.
Judges
Tlhotlhalemaje
Legal Topics
Stay of Arbitration, Jurisdiction of Bargaining Council, Urgent Application, Collective Agreement Interpretation, Unfair Labour Practice
Labour Law Civil Procedure Stay of Arbitration Jurisdiction of Bargaining Council Urgent Application Collective Agreement Interpretation Unfair Labour Practice

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Parties

Ehlanzeni District Municipality

Applicant

Municipal Manager N.O: Ehlanzeni District Municipality

Applicant

South African Local Government Bargaining Council

Respondent

L.N Ngomane & 95 Others

Respondent

Procedural Posture

Stay Application / Urgent Application for Stay of Arbitration Pending Review

Legal Issues

  1. 1 Whether the application for stay of arbitration proceedings before the SALGBC is urgent and justified.
  2. 2 Whether the applicants have established the requirements for interim relief to stay arbitration.
  3. 3 Whether the SALGBC has jurisdiction to arbitrate the dispute referred by the employees.

Ratio Decidendi

The Court found that the applicants failed to establish urgency, as the application was brought six weeks after the jurisdictional ruling and there was no evidence that arbitration was imminent. The urgency claimed was self-created and not justified. The applicants did not address the requirements for interim relief in their founding affidavit, and their reliance on the SALGBC Constitution was secondary to the statutory requirements of the Labour Relations Act. The Court held that the employees' rights to expeditious dispute resolution outweighed the applicants' concerns, and that the balance of convenience favoured the employees. The applicants would not be without remedy after...

Court Disposition

Application dismissed with costs.

Orders

  • The Applicants’ application is dismissed with costs.