IMATU and Another v SALGBC and Others (D505/06) [2009] ZALC 59 (20 May 2009)

IMATU and Another v SALGBC and Others (D505/06) [2009] ZALC 59 (20 May 2009)

The court held that although it was convinced its own judgment was correct, the applicant's task in a leave to appeal application is to show a reasonable possibility that another court may reach a different conclusion. The interpretation of a collective agreement is a question of law, and there exists a possibility that another court may find that an incorrect interpretation by an arbitrator renders the award unreasonable and reviewable. The court found that this is an important legal question for the labour law community and granted leave to appeal on this basis.

Citation
[2009] ZALC 59
Parties
Applicant: IMATU; Applicant: SAMWU; Respondent: S.A.L.G.B.C; Respondent: ETHEKWINI MUNICIPALITY; Respondent: A J RYCROFT N.O
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 May 2009
Case Number
D505/06
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal is granted.
Judges
G N Moshoana
Legal Topics
Collective Agreement Interpretation, Review of Arbitration Award, Reasonableness Test, Leave to Appeal
Labour Law Civil Procedure Collective Agreement Interpretation Review of Arbitration Award Reasonableness Test Leave to Appeal

Case Brief

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Parties

IMATU

Applicant

SAMWU

Applicant

S.A.L.G.B.C

Respondent

ETHEKWINI MUNICIPALITY

Respondent

A J RYCROFT N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether another court may reasonably reach a different conclusion regarding the reasonableness of the arbitrator's award.
  2. 2 Whether an incorrect interpretation of a collective agreement by an arbitrator renders the award unreasonable and reviewable.
  3. 3 What is the proper test for review of arbitration awards under Section 24 of the Labour Relations Act.

Ratio Decidendi

The court held that although it was convinced its own judgment was correct, the applicant's task in a leave to appeal application is to show a reasonable possibility that another court may reach a different conclusion. The interpretation of a collective agreement is a question of law, and there exists a possibility that another court may find that an incorrect interpretation by an arbitrator renders the award unreasonable and reviewable. The court found that this is an important legal question for the labour law community and granted leave to appeal on this basis.

Court Disposition

Leave to appeal is granted.

Orders

  • Leave to appeal is hereby granted.
  • Costs to be costs of appeal.