IMATU and Another v SALGBC and Others (D505/06) [2009] ZALCD 15 (20 May 2009)

IMATU and Another v SALGBC and Others (D505/06) [2009] ZALCD 15 (20 May 2009)

The court held that the test for granting leave to appeal is whether there is a reasonable possibility that another court may reach a different conclusion. Although the court was convinced its judgment was correct, it found that the applicant had shown a reasonable possibility that another court may find the arbitrator's interpretation of the collective agreement unreasonable and therefore reviewable. The court acknowledged that interpretation is a question of law and that an arbitrator must be correct in their interpretation. Given the importance of the issue to the parties and the broader labour law community, the court granted leave to appeal to allow the Labour Appeal Court to address...

Citation
[2009] ZALCD 15
Parties
Applicant: IMATU; Applicant: SAMWU; Respondent: S.A.L.G.B.C; Respondent: ETHEKWINI MUNICIPALITY; Respondent: A J Rycroft N.O
Court
Labour Court Durban
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
Interpretation of Collective Agreements, Review of Arbitration Awards, Reasonableness Test, Leave to Appeal
Labour Law Civil Procedure Interpretation of Collective Agreements Review of Arbitration Awards 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 there is a reasonable possibility that another court may find the arbitration award unreasonable and reviewable.
  2. 2 Whether an arbitrator's incorrect interpretation of a collective agreement renders the award unreasonable and subject to review.
  3. 3 How far off the mark an arbitrator must be for their award to be reviewable under section 24 of the Labour Relations Act.

Ratio Decidendi

The court held that the test for granting leave to appeal is whether there is a reasonable possibility that another court may reach a different conclusion. Although the court was convinced its judgment was correct, it found that the applicant had shown a reasonable possibility that another court may find the arbitrator's interpretation of the collective agreement unreasonable and therefore reviewable. The court acknowledged that interpretation is a question of law and that an arbitrator must be correct in their interpretation. Given the importance of the issue to the parties and the broader labour law community, the court granted leave to appeal to allow the Labour Appeal Court to address...

Court Disposition

Leave to appeal is granted.

Orders

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