Harris v Msunduzi Municipality and Others (D1101/13) [2017] ZALCD 10 (20 April 2017)

Harris v Msunduzi Municipality and Others (D1101/13) [2017] ZALCD 10 (20 April 2017)

The court found that the arbitrator committed a misdirection in limiting the compensation to six months without a rational basis, despite accepting the applicant's calculation of actual loss. The arbitrator failed to properly apply the statutory limit of twelve months' remuneration and made arithmetic errors by deducting sick leave twice. The evidence showed the applicant did not use a council vehicle after 2010, and the failure to keep a logbook was due to the allowance not being approved. The court held that compensation should be morally right and fair, closely reflecting the actual expenses incurred by the applicant. Accordingly, the award was reviewed and corrected to grant...

Citation
[2017] ZALCD 10
Parties
Applicant: Tyrone Neilmorgan Harris; Respondent: Msunduzi Municipality; Respondent: Commissioner V Soni N.O.; Respondent: South African Local Government Bargaining Council (SALGBC)
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
20 April 2017
Case Number
D1101/13
Procedural Posture
Review Application / Judgment on Review and Correction of Arbitration Award
Outcome
Application for review and correction of the arbitration award is granted. The compensation award is increased and costs are awarded to the applicant.
Judges
Cele
Legal Topics
Unfair Labour Practice, Compensation Quantum, Review of Arbitration Award, Travel Allowance Benefit
Labour Law Civil Procedure Unfair Labour Practice Compensation Quantum Review of Arbitration Award Travel Allowance Benefit

Case Brief

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Parties

Tyrone Neilmorgan Harris

Applicant

Msunduzi Municipality

Respondent

Commissioner V Soni N.O.

Respondent

South African Local Government Bargaining Council (SALGBC)

Respondent

Procedural Posture

Review Application / Judgment on Review and Correction of Arbitration Award

Legal Issues

  1. 1 Whether the quantum of compensation awarded by the arbitrator was just and equitable in terms of section 194 of the LRA.
  2. 2 Whether the arbitrator committed a reviewable irregularity or error in the computation of compensation.
  3. 3 Whether the applicant was entitled to legal costs for the arbitration and review proceedings.

Ratio Decidendi

The court found that the arbitrator committed a misdirection in limiting the compensation to six months without a rational basis, despite accepting the applicant's calculation of actual loss. The arbitrator failed to properly apply the statutory limit of twelve months' remuneration and made arithmetic errors by deducting sick leave twice. The evidence showed the applicant did not use a council vehicle after 2010, and the failure to keep a logbook was due to the allowance not being approved. The court held that compensation should be morally right and fair, closely reflecting the actual expenses incurred by the applicant. Accordingly, the award was reviewed and corrected to grant...

Court Disposition

Application for review and correction of the arbitration award is granted. The compensation award is increased and costs are awarded to the applicant.

Orders

  • Paragraph 2 of the arbitration award is reviewed and corrected: The applicant is entitled to compensation in the amount of R87,908 to be paid by the first respondent.
  • The first respondent is ordered to pay all expenses incurred in the arbitration hearing.