General Public Service Sectoral Bargaining Council v Ngcaba NO (C380/2020) [2021] ZALCCT 73 (5 October 2021)

General Public Service Sectoral Bargaining Council v Ngcaba NO (C380/2020) [2021] ZALCCT 73 (5 October 2021)

The respondent, as arbitrator, was under a statutory obligation to issue arbitration awards within 14 days of the conclusion of the hearings in terms of section 138(7)(a) of the Labour Relations Act. His failure to do so, despite repeated requests and interventions, constitutes an unreasonable delay in the performance of an administrative function. The Labour Court, exercising its supervisory and review powers under section 158(1)(g) of the LRA and sections 6(3) and 8(2) of PAJA, is empowered to compel the respondent to issue and deliver the outstanding awards. The respondent's lack of opposition and failure to respond left the applicant with no alternative but to approach the court,...

Citation
[2021] ZALCCT 73
Parties
Applicant: General Public Service Sectoral Bargaining Council; Respondent: Franklin Ngcaba N.O
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
5 October 2021
Case Number
C380/2020
Procedural Posture
Review Application / Application to Compel Issuance of Arbitration Awards
Outcome
Application granted. Respondent ordered to issue and deliver outstanding arbitration awards and to pay costs.
Judges
Lagrange
Legal Topics
Arbitration Award Delay, Review of Administrative Action, Unreasonable Delay, Statutory Obligation
Labour Law Administrative Law Arbitration Award Delay Review of Administrative Action Unreasonable Delay Statutory Obligation

Case Brief

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Parties

General Public Service Sectoral Bargaining Council

Applicant

Franklin Ngcaba N.O

Respondent

Procedural Posture

Review Application / Application to Compel Issuance of Arbitration Awards

Legal Issues

  1. 1 Whether the respondent is legally obliged to issue arbitration awards within the statutory period.
  2. 2 Whether the court may compel the respondent to issue and deliver the outstanding awards.
  3. 3 Whether the respondent's failure constitutes an unreasonable delay subject to judicial review.

Ratio Decidendi

The respondent, as arbitrator, was under a statutory obligation to issue arbitration awards within 14 days of the conclusion of the hearings in terms of section 138(7)(a) of the Labour Relations Act. His failure to do so, despite repeated requests and interventions, constitutes an unreasonable delay in the performance of an administrative function. The Labour Court, exercising its supervisory and review powers under section 158(1)(g) of the LRA and sections 6(3) and 8(2) of PAJA, is empowered to compel the respondent to issue and deliver the outstanding awards. The respondent's lack of opposition and failure to respond left the applicant with no alternative but to approach the court,...

Court Disposition

Application granted. Respondent ordered to issue and deliver outstanding arbitration awards and to pay costs.

Orders

  • The respondent is declared in breach of his obligation under section 138(7)(a) of the Labour Relations Act to issue awards for arbitration cases GPBC 71/2019 and GPBC 116/2019.
  • The respondent's failure is reviewed and he is ordered to issue and deliver his awards in respect of arbitration cases GPBC 71/2019 and GPBC 116/2019 within 30 days of receipt of this order.