Jacobs v General Public Service Sectoral Bargaining Council and Others (P510/10) [2014] ZALCPE 30 (5 November 2014)

Jacobs v General Public Service Sectoral Bargaining Council and Others (P510/10) [2014] ZALCPE 30 (5 November 2014)

The applicant failed to establish that the Department committed an unfair labour practice by not promoting him. The arbitrator's award was found to be reasonable, as the Department's appointment of Ms Mazosiwe was in line with its Employment Equity Plan, and the applicant did not provide sufficient evidence that, but for unfair conduct, he would have been appointed. The applicant's legitimate expectation was not substantiated by official documentation or policy application. Errors alleged by the applicant did not render the award unreasonable, and the totality of the evidence supported the arbitrator's decision.

Citation
[2014] ZALCPE 30
Parties
Applicant: Monwabisi Aaron Jacobs; Respondent: General Public Service Sectoral Bargaining Council (GPSSSBC); Respondent: W F Bentz and Associates (Arbitrator); Respondent: Member of Executive Council (MEC): Local Government and Traditional Affairs, Eastern Cape Province
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
5 November 2014
Case Number
P510/10
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed.
Judges
Lallie
Legal Topics
Unfair Labour Practice, Promotion Dispute, Employment Equity, Legitimate Expectation
Labour Law Unfair Labour Practice Promotion Dispute Employment Equity Legitimate Expectation

Case Brief

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Parties

Monwabisi Aaron Jacobs

Applicant

General Public Service Sectoral Bargaining Council (GPSSSBC)

Respondent

W F Bentz and Associates (Arbitrator)

Respondent

Member of Executive Council (MEC): Local Government and Traditional Affairs, Eastern Cape Province

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Department committed an unfair labour practice by failing to promote the applicant to Manager: Labour Relations.
  2. 2 Whether the arbitrator's award was susceptible to review due to alleged errors and failure to consider inconsistency in applying the Employment Equity Plan.
  3. 3 Whether the applicant established a legitimate expectation to promotion based on the Department's recruitment policy.

Ratio Decidendi

The applicant failed to establish that the Department committed an unfair labour practice by not promoting him. The arbitrator's award was found to be reasonable, as the Department's appointment of Ms Mazosiwe was in line with its Employment Equity Plan, and the applicant did not provide sufficient evidence that, but for unfair conduct, he would have been appointed. The applicant's legitimate expectation was not substantiated by official documentation or policy application. Errors alleged by the applicant did not render the award unreasonable, and the totality of the evidence supported the arbitrator's decision.

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.
  • No order as to costs.