IMATU obo Members v City of Tshwane Metropolitan Municipality (JR3058/14) [2016] ZALCJHB 394 (12 October 2016)

IMATU obo Members v City of Tshwane Metropolitan Municipality (JR3058/14) [2016] ZALCJHB 394 (12 October 2016)

The court held that the arbitrator's award was legally binding and enforceable, as it converted the status quo of the 12 hour shift system into a binding arrangement after the expiry of the six-month negotiation period. The expiry of the collective agreement did not prevent enforcement, since the terms had been incorporated into the officers' contracts and the municipality continued to apply the 12 hour shift system for a period after the agreement expired. The court found that the award was capable of practical implementation and dismissed the respondent's counter-application. The municipality was ordered to comply immediately with the award, specifically by reinstating the 12 hour shift...

Citation
[2016] ZALCJHB 394
Parties
Applicant: IMATU obo its Members; Respondent: City of Tshwane Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
12 October 2016
Case Number
JR3058/14
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the Lra; Counter Application to Set Aside Award
Outcome
Application granted; arbitration award made an order of court; respondent's counter-application dismissed; costs awarded to applicant.
Judges
Lagrange
Legal Topics
Section 158 1 C Application, Essential Service Arbitration, Collective Agreement Expiry, Incorporation Into Contract, Shift System Dispute
Labour Law Section 158 1 C Application Essential Service Arbitration Collective Agreement Expiry Incorporation Into Contract Shift System Dispute

Case Brief

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Parties

IMATU obo its Members

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the Lra; Counter Application to Set Aside Award

Legal Issues

  1. 1 Whether the arbitration award made under section 74(4) of the LRA should be made an order of court under section 158(1)(c).
  2. 2 Whether the expiry of the collective agreement prevents enforcement of the award.
  3. 3 Whether the award is capable of practical implementation.

Ratio Decidendi

The court held that the arbitrator's award was legally binding and enforceable, as it converted the status quo of the 12 hour shift system into a binding arrangement after the expiry of the six-month negotiation period. The expiry of the collective agreement did not prevent enforcement, since the terms had been incorporated into the officers' contracts and the municipality continued to apply the 12 hour shift system for a period after the agreement expired. The court found that the award was capable of practical implementation and dismissed the respondent's counter-application. The municipality was ordered to comply immediately with the award, specifically by reinstating the 12 hour shift...

Court Disposition

Application granted; arbitration award made an order of court; respondent's counter-application dismissed; costs awarded to applicant.

Orders

  • The arbitration award of Mr T Boyce under case number MD031303 dated 21 March 2014 is made an order of court under section 158(1)(c) of the LRA.
  • The respondent must immediately reinstate the 12 hour shift system which existed prior to 1 May 2013 in the Metro Police Department.