IMATU and Another v South African Local Government Bargaining Council and Others (D505/06) [2009] ZALC 176 (1 May 2009)

IMATU and Another v South African Local Government Bargaining Council and Others (D505/06) [2009] ZALC 176 (1 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. While the court was convinced its own judgment was correct, it acknowledged that interpretation of a collective agreement is a question of law and that another court may find the arbitrator's interpretation unreasonable if it is incorrect. The court found that the applicant had demonstrated a reasonable possibility that another court could come to a different conclusion regarding the reasonableness of the award, particularly in matters of interpretation under Section 24 of the Labour Relations Act. Therefore, leave to appeal was granted.

Citation
[2009] ZALC 176
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
1 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 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

Summary, issues, holding and outcome

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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 the test for granting leave to appeal is whether there is a reasonable possibility that another court may reach a different conclusion. While the court was convinced its own judgment was correct, it acknowledged that interpretation of a collective agreement is a question of law and that another court may find the arbitrator's interpretation unreasonable if it is incorrect. The court found that the applicant had demonstrated a reasonable possibility that another court could come to a different conclusion regarding the reasonableness of the award, particularly in matters of interpretation under Section 24 of the Labour Relations Act. Therefore, leave to appeal was granted.

Court Disposition

Leave to appeal granted.

Orders

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