Ethekwini Municipality v Chetty and Others (D761/08, D381/09) [2010] ZALCD 22 (5 February 2010)

Ethekwini Municipality v Chetty and Others (D761/08, D381/09) [2010] ZALCD 22 (5 February 2010)

The court found that the arbitrator failed to address the substantive issue of whether the refusal to grant Chetty a motor vehicle allowance constituted an unfair labour practice. The arbitrator's reasoning was limited to procedural matters regarding the authority to decide the application and did not consider whether Chetty met the requirements of the scheme. This omission amounted to a gross irregularity, rendering the award reviewable. The award was set aside and the matter referred back for determination by a different commissioner. The application to make the award an order of court failed as a consequence.

Citation
[2010] ZALCD 22
Parties
Applicant: Ethekwini Municipality; Respondent: M. Chetty; Respondent: IMATU; Respondent: Bonisile Kojane N.O.; Respondent: South African Local Government Bargaining Council
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
5 February 2010
Case Number
D761/08, D381/09
Procedural Posture
Review Application / Judgment on Review and Application to Make Award an Order of Court
Outcome
The arbitration award is reviewed and set aside. The matter is referred back to the Bargaining Council for determination by a different commissioner. No order as to costs.
Judges
Conradie AJ
Legal Topics
Unfair Labour Practice, Collective Agreement Interpretation, Review of Arbitration Award, Motor Vehicle Allowance, Section 145 Lra, Section 158 Lra
Labour Law Civil Procedure Unfair Labour Practice Collective Agreement Interpretation Review of Arbitration Award Motor Vehicle Allowance Section 145 Lra Section 158 Lra

Case Brief

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Parties

Ethekwini Municipality

Applicant

M. Chetty

Respondent

IMATU

Respondent

Bonisile Kojane N.O.

Respondent

South African Local Government Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment on Review and Application to Make Award an Order of Court

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity in failing to address the alleged unfair labour practice.
  2. 2 Whether the arbitrator had jurisdiction to determine the application for a motor vehicle allowance.
  3. 3 Whether the refusal to grant the motor vehicle allowance constituted an unfair labour practice.

Ratio Decidendi

The court found that the arbitrator failed to address the substantive issue of whether the refusal to grant Chetty a motor vehicle allowance constituted an unfair labour practice. The arbitrator's reasoning was limited to procedural matters regarding the authority to decide the application and did not consider whether Chetty met the requirements of the scheme. This omission amounted to a gross irregularity, rendering the award reviewable. The award was set aside and the matter referred back for determination by a different commissioner. The application to make the award an order of court failed as a consequence.

Court Disposition

The arbitration award is reviewed and set aside. The matter is referred back to the Bargaining Council for determination by a different commissioner. No order as to costs.

Orders

  • The award issued under case number EMD 030802 is reviewed and set aside.
  • The matter is referred back to the Fourth Respondent for determination by a commissioner other than the Third Respondent.