IMATU obo Members v City of Tshwane Metropolitan Municipality (J2769/2016) [2018] ZALCJHB 254 (3 May 2018)

IMATU obo Members v City of Tshwane Metropolitan Municipality (J2769/2016) [2018] ZALCJHB 254 (3 May 2018)

The court found that the City of Tshwane Metropolitan Municipality had not complied with the variation ruling requiring reinstatement of special leave days for IMATU members during the festive period. The City's argument that its offices now remain open does not negate the clear terms of the ruling, which directed reinstatement of special leave. The City had only complied with the portion of the award relating to crediting leave days for 2014 and 2015, but failed to implement the ongoing reinstatement of special leave. As the ruling stands and has not been reviewed or set aside, the applicant is entitled to have the variation ruling made an order of court to ensure compliance.

Citation
[2018] ZALCJHB 254
Parties
Applicant: IMATU obo Members; Respondent: City of Tshwane Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 May 2018
Case Number
J2769/2016
Procedural Posture
Urgent Application / Application to Make Variation Ruling an Order of Court
Outcome
Application granted. The variation ruling is made an order of court.
Judges
Steenkamp
Legal Topics
Unfair Labour Practice, Special Leave, Variation of Arbitration Award, Section 158 1 C Application
Labour Law Unfair Labour Practice Special Leave Variation of Arbitration Award Section 158 1 C Application

Case Brief

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Parties

IMATU obo Members

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Application to Make Variation Ruling an Order of Court

Legal Issues

  1. 1 Whether the City of Tshwane Metropolitan Municipality complied with the variation ruling requiring reinstatement of special leave days during the festive period.
  2. 2 Whether the arbitration award should be made an order of court under section 158(1)(c) of the Labour Relations Act.

Ratio Decidendi

The court found that the City of Tshwane Metropolitan Municipality had not complied with the variation ruling requiring reinstatement of special leave days for IMATU members during the festive period. The City's argument that its offices now remain open does not negate the clear terms of the ruling, which directed reinstatement of special leave. The City had only complied with the portion of the award relating to crediting leave days for 2014 and 2015, but failed to implement the ongoing reinstatement of special leave. As the ruling stands and has not been reviewed or set aside, the applicant is entitled to have the variation ruling made an order of court to ensure compliance.

Court Disposition

Application granted. The variation ruling is made an order of court.

Orders

  • The variation ruling dated 26 September 2016 by the South African Local Government Bargaining Council under case number PMD111415 is made an order of court.