Gerber v Stanlib Asset Management (Pty) Ltd (JA92/20) [2021] ZALAC 51; [2022] 3 BLLR 251 (LAC); (2022) 43 ILJ 1080 (LAC) (13 December 2021)

Gerber v Stanlib Asset Management (Pty) Ltd (JA92/20) [2021] ZALAC 51; [2022] 3 BLLR 251 (LAC); (2022) 43 ILJ 1080 (LAC) (13 December 2021)

The court found that the appellant's employment contract validly incorporated the Disciplinary Code and Grievance Procedures, which included the compulsory private arbitration clause, by reference. The appellant was provided with the relevant documents and directed to acquaint himself with their contents. The clause had been in effect since 2002 and applied to all employees within the Liberty Group and its subsidiaries, including the respondent. The Labour Court correctly determined that it lacked jurisdiction over claims B and D, as the disputes fell within the scope of the arbitration agreement. The court further held that the Labour Court exercised its discretion judicially under...

Citation
[2021] ZALAC 51
Parties
Appellant: Riaan Gerber; Respondent: Stanlib Asset Management (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
13 December 2021
Case Number
JA92/20
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment and Order
Outcome
Appeal dismissed; no order as to costs.
Judges
Waglay, Davis, Kubushi
Legal Topics
Compulsory Private Arbitration, Incorporation by Reference, Unfair Dismissal, Jurisdiction of Labour Court, Pacta Sunt Servanda
Labour Law Civil Procedure Compulsory Private Arbitration Incorporation by Reference Unfair Dismissal Jurisdiction of Labour Court Pacta Sunt Servanda

Case Brief

Summary, issues, holding and outcome

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Parties

Riaan Gerber

Appellant

Stanlib Asset Management (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment and Order

Legal Issues

  1. 1 Whether the appellant's employment contract validly incorporated a compulsory private arbitration clause by reference.
  2. 2 Whether the Labour Court had jurisdiction to entertain unfair dismissal claims when the contract required private arbitration.
  3. 3 Whether the Labour Court exercised its discretion judicially in staying proceedings and referring disputes to arbitration under section 158(2) of the LRA.

Ratio Decidendi

The court found that the appellant's employment contract validly incorporated the Disciplinary Code and Grievance Procedures, which included the compulsory private arbitration clause, by reference. The appellant was provided with the relevant documents and directed to acquaint himself with their contents. The clause had been in effect since 2002 and applied to all employees within the Liberty Group and its subsidiaries, including the respondent. The Labour Court correctly determined that it lacked jurisdiction over claims B and D, as the disputes fell within the scope of the arbitration agreement. The court further held that the Labour Court exercised its discretion judicially under...

Court Disposition

Appeal dismissed; no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs.