Eicker v PSCBC and Others (JR2255/11) [2018] ZALCJHB 115 (13 March 2018)

Eicker v PSCBC and Others (JR2255/11) [2018] ZALCJHB 115 (13 March 2018)

The court found that the arbitrator's interpretation and application of Resolution 7 of 2000 and National Instruction 2 of 2004 was reasonable. The instruments confer a discretion on the National Commissioner to grant or refuse temporary incapacity leave, based on recommendations from the Health Risk Manager. The arbitrator correctly considered the relevant provisions and evidence, including medical opinions and the HRM's recommendation. The applicant's doctors' opinions do not bind SAPS, and the process requires independent assessment. The arbitrator's award was not unreasonable and is not open to review.

Citation
[2018] ZALCJHB 115
Parties
Applicant: A Eicker; Respondent: PSCBC; Respondent: N G J Mbileni; Respondent: Minister of Safety & Security; Respondent: South African Police Service
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2018
Case Number
JR2255/11
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed. No order as to costs.
Judges
A J Steenkamp
Legal Topics
Collective Agreement Interpretation, Temporary Incapacity Leave, Ill Health Retirement, Arbitration Review, Discretion of Employer
Labour Law Civil Procedure Collective Agreement Interpretation Temporary Incapacity Leave Ill Health Retirement Arbitration Review Discretion of Employer

Case Brief

Summary, issues, holding and outcome

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Parties

A Eicker

Applicant

PSCBC

Respondent

N G J Mbileni

Respondent

Minister of Safety & Security

Respondent

South African Police Service

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's interpretation and application of Resolution 7 of 2000 and National Instruction 2 of 2004 was reasonable.
  2. 2 Whether SAPS was compelled to grant temporary incapacity leave or retained a discretion.
  3. 3 Whether the arbitrator failed to properly consider relevant clauses in the collective agreement and National Instruction.

Ratio Decidendi

The court found that the arbitrator's interpretation and application of Resolution 7 of 2000 and National Instruction 2 of 2004 was reasonable. The instruments confer a discretion on the National Commissioner to grant or refuse temporary incapacity leave, based on recommendations from the Health Risk Manager. The arbitrator correctly considered the relevant provisions and evidence, including medical opinions and the HRM's recommendation. The applicant's doctors' opinions do not bind SAPS, and the process requires independent assessment. The arbitrator's award was not unreasonable and is not open to review.

Court Disposition

Application for review dismissed. No order as to costs.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.