Herbert v Head Education - Western Cape Education and Others (CA3/2021) [2022] ZALAC 9; (2022) 43 ILJ 1618 (LAC); [2022] 8 BLLR 712 (LAC) (10 March 2022)

Herbert v Head Education - Western Cape Education and Others (CA3/2021) [2022] ZALAC 9; (2022) 43 ILJ 1618 (LAC); [2022] 8 BLLR 712 (LAC) (10 March 2022)

The Labour Appeal Court held that the OSD agreement's plain wording and context require 'relevant experience' for grade 3 education psychologist to be experience gained after registration as a psychologist with the HPCSA. The appellant's experience as a psychometrist prior to registration does not qualify. The arbitrator materially erred in interpreting the agreement otherwise, resulting in an unreasonable award. The Labour Court was correct to set aside the arbitration award on review, as the appellant did not meet the stated requirements for translation to grade 3. The appeal was dismissed.

Citation
[2022] ZALAC 9
Parties
Appellant: Petrus Herbert; Respondent: Head Education: Western Cape Education Department; Respondent: Minister of Basic Education; Respondent: Education Labour Relations Council; Respondent: DP van Tonder N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
10 March 2022
Case Number
CA3/2021
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Setting Aside Arbitration Award
Outcome
Appeal dismissed.
Judges
Coppin JA, Savage AJA, Tokota AJA
Legal Topics
Collective Agreements, Interpretation of Collective Agreements, Salary Dispensation, Career Progression, Review of Arbitration Awards, Material Error of Law
Labour Law Collective Agreements Interpretation of Collective Agreements Salary Dispensation Career Progression Review of Arbitration Awards Material Error of Law

Case Brief

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Parties

Petrus Herbert

Appellant

Head Education: Western Cape Education Department

Respondent

Minister of Basic Education

Respondent

Education Labour Relations Council

Respondent

DP van Tonder N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether experience gained as a psychometrist prior to registration as a psychologist qualifies as 'relevant experience' for translation to grade 3 education psychologist under the OSD agreement.
  2. 2 Whether the arbitrator's interpretation of the OSD agreement was reasonable and correct.
  3. 3 Whether the Labour Court was correct in setting aside the arbitration award.

Ratio Decidendi

The Labour Appeal Court held that the OSD agreement's plain wording and context require 'relevant experience' for grade 3 education psychologist to be experience gained after registration as a psychologist with the HPCSA. The appellant's experience as a psychometrist prior to registration does not qualify. The arbitrator materially erred in interpreting the agreement otherwise, resulting in an unreasonable award. The Labour Court was correct to set aside the arbitration award on review, as the appellant did not meet the stated requirements for translation to grade 3. The appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.