IMATU v Kommissie vir Versoening, Bemmdeling en Arbitrasie, Mosselbaai Munisipaliteit (C 185/99) [1999] ZALC 167 (1 December 1999)

IMATU v Kommissie vir Versoening, Bemmdeling en Arbitrasie, Mosselbaai Munisipaliteit (C 185/99) [1999] ZALC 167 (1 December 1999)

The Labour Court found that the arbitrator had failed to exercise his statutory powers under section 138(9) of the Labour Relations Act by not granting appropriate relief after finding a breach of the affirmative action agreement. The arbitrator's refusal to grant the requested relief was based on an incorrect jurisdictional interpretation and a failure to apply his mind to the evidence and the relief sought. The Court held that the breach of the collective agreement constituted an unfair labour practice relating to promotion and that the applicant's member was entitled to the salary and benefits she would have received had she been appointed to the relevant position. The arbitration...

Citation
[1999] ZALC 167
Parties
Applicant: IMATU; Respondent: Kommissie vir Versoening, Bemiddeling en Arbitrasie; Respondent: Mosselbaai Munisipaliteit
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 December 1999
Case Number
C 185/99
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award was reviewed and set aside to the extent that relief was refused. The award was substituted with an order that the applicant's member, Ms M De Swardt, is entitled to the same salary and benefits she would have received had she been appointed to the position of Accountant: Housing and...
Judges
Basson R
Legal Topics
Review of Arbitration Award, Collective Agreement Breach, Affirmative Action, Unfair Labour Practice, Promotion Dispute
Labour Law Civil Procedure Review of Arbitration Award Collective Agreement Breach Affirmative Action Unfair Labour Practice Promotion Dispute

Case Brief

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Parties

IMATU

Applicant

Kommissie vir Versoening, Bemiddeling en Arbitrasie

Respondent

Mosselbaai Munisipaliteit

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator failed to exercise his powers under section 138(9) of the Labour Relations Act to grant appropriate relief.
  2. 2 Whether the arbitrator erred in refusing to grant the relief sought by the applicant regarding breach of the affirmative action agreement.
  3. 3 Whether the applicant's member was subjected to an unfair labour practice relating to promotion.

Ratio Decidendi

The Labour Court found that the arbitrator had failed to exercise his statutory powers under section 138(9) of the Labour Relations Act by not granting appropriate relief after finding a breach of the affirmative action agreement. The arbitrator's refusal to grant the requested relief was based on an incorrect jurisdictional interpretation and a failure to apply his mind to the evidence and the relief sought. The Court held that the breach of the collective agreement constituted an unfair labour practice relating to promotion and that the applicant's member was entitled to the salary and benefits she would have received had she been appointed to the relevant position. The arbitration...

Court Disposition

The arbitration award was reviewed and set aside to the extent that relief was refused. The award was substituted with an order that the applicant's member, Ms M De Swardt, is entitled to the same salary and benefits she would have received had she been appointed to the position of Accountant: Housing and...

Orders

  • The arbitration award of the second respondent under case number WE16816 is reviewed and set aside insofar as relief was refused.
  • The award is substituted with an order that the applicant's member, Ms M De Swardt, is entitled to the same salary and benefits she would have received had she been appointed to the position of Accountant: Housing and Miscellaneous at post level VI, with retrospective effect from 1 August 1998.