Ferreira v General Public Service Sectoral Bargaining Council and Others (D 201/10) [2011] ZALCD 35 (25 August 2011)

Ferreira v General Public Service Sectoral Bargaining Council and Others (D 201/10) [2011] ZALCD 35 (25 August 2011)

The court found that the applicant failed to establish any reviewable irregularity in the arbitration proceedings. The commissioner did not err in refusing to adjourn the hearing, as no formal application for adjournment was made and the applicant had ample opportunity to secure alternative representation. The commissioner's decision to disregard written arguments based on evidence not presented at the arbitration was correct. Procedural grievances raised by the applicant related to substantive fairness and were not supported by evidence of procedural irregularity. The commissioner properly applied employment equity principles at the national and provincial levels, and the applicant did...

Citation
[2011] ZALCD 35
Parties
Applicant: J Ferreira; Respondent: General Public Service Sectoral Bargaining Council; Respondent: R Lyster N.O; Respondent: Department of Justice and Constitutional Development; Respondent: SA Ntinga
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
25 August 2011
Case Number
D 201/10
Procedural Posture
Review Application / Judgment on Review Application Under Section 145 of the LRA
Outcome
The review application is dismissed.
Judges
Reddy AJ
Legal Topics
Unfair Labour Practice, Promotion Dispute, Review of Arbitration Award, Condonation, Employment Equity
Labour Law Unfair Labour Practice Promotion Dispute Review of Arbitration Award Condonation Employment Equity

Case Brief

Summary, issues, holding and outcome

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Parties

J Ferreira

Applicant

General Public Service Sectoral Bargaining Council

Respondent

R Lyster N.O

Respondent

Department of Justice and Constitutional Development

Respondent

SA Ntinga

Respondent

Procedural Posture

Review Application / Judgment on Review Application Under Section 145 of the LRA

Legal Issues

  1. 1 Whether the arbitration award should be reviewed and set aside due to alleged irregularities in the arbitration process.
  2. 2 Whether the lack of a proper record justifies remitting the matter for a de novo hearing.
  3. 3 Whether the commissioner failed to consider procedural unfairness and the applicant's written arguments.

Ratio Decidendi

The court found that the applicant failed to establish any reviewable irregularity in the arbitration proceedings. The commissioner did not err in refusing to adjourn the hearing, as no formal application for adjournment was made and the applicant had ample opportunity to secure alternative representation. The commissioner's decision to disregard written arguments based on evidence not presented at the arbitration was correct. Procedural grievances raised by the applicant related to substantive fairness and were not supported by evidence of procedural irregularity. The commissioner properly applied employment equity principles at the national and provincial levels, and the applicant did...

Court Disposition

The review application is dismissed.

Orders

  • The late filing of the Third Respondent's opposing affidavit is condoned.
  • The review application is dismissed.