Kgwale v St Stithians College (J4557/00) [2001] ZALC 5 (30 January 2001)

Kgwale v St Stithians College (J4557/00) [2001] ZALC 5 (30 January 2001)

The court found that while the arbitrator misconstrued the legal character of duress, all elements of economic duress were present when the agreement was concluded. The pressure exerted by the applicant's members was improper and left the Acting Director-General with no realistic alternative but to sign the agreement to prevent the collapse of health services. The contract was entered into unwillingly and repudiated once the pressure was relaxed. Therefore, the agreement cannot stand, and the arbitrator's ultimate finding that the employees are not legally entitled to be regarded as Provisioning Administration Officers must be upheld. The application for review and setting aside of the...

Citation
[2001] ZALC 5
Parties
Applicant: NATIONAL EDUCATION HEALTH AND ALLIED WORKERS UNION; Respondent: PUBLIC HEALTH AND WELFARE SECTORAL BARGAINING COUNCIL; Respondent: J LE ROUX; Respondent: MEMBER OF THE EXECUTIVE COUNCIL: HEALTH AND WELFARE NORTHERN PROVINCE
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 January 2001
Case Number
J4557/00
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed; no order as to costs.
Judges
B M Jammy
Legal Topics
Collective Agreement Interpretation, Duress in Contract, Review of Arbitration Award, Unfair Labour Practice
Labour Law Civil Procedure Collective Agreement Interpretation Duress in Contract Review of Arbitration Award Unfair Labour Practice

Case Brief

Summary, issues, holding and outcome

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Parties

NATIONAL EDUCATION HEALTH AND ALLIED WORKERS UNION

Applicant

PUBLIC HEALTH AND WELFARE SECTORAL BARGAINING COUNCIL

Respondent

J LE ROUX

Respondent

MEMBER OF THE EXECUTIVE COUNCIL: HEALTH AND WELFARE NORTHERN PROVINCE

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award correctly determined the legal entitlement of employees to be regarded as Provisioning Administration Officers.
  2. 2 Whether the agreement signed under alleged duress was valid and enforceable.
  3. 3 Whether the arbitrator committed a gross irregularity in formulating the issues and evaluating the evidence.

Ratio Decidendi

The court found that while the arbitrator misconstrued the legal character of duress, all elements of economic duress were present when the agreement was concluded. The pressure exerted by the applicant's members was improper and left the Acting Director-General with no realistic alternative but to sign the agreement to prevent the collapse of health services. The contract was entered into unwillingly and repudiated once the pressure was relaxed. Therefore, the agreement cannot stand, and the arbitrator's ultimate finding that the employees are not legally entitled to be regarded as Provisioning Administration Officers must be upheld. The application for review and setting aside of the...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.