Khunou and Another v South African Local Government Bargaining Council and Others (JR175/2016) [2017] ZALCJHB 385 (19 October 2017)

Khunou and Another v South African Local Government Bargaining Council and Others (JR175/2016) [2017] ZALCJHB 385 (19 October 2017)

The court found that the arbitrator correctly identified the issue as whether the employer committed an unfair labour practice by not placing the applicants at salary level 6. The evidence showed that the letter indicating level 6 was issued in error, and the correct grading was at level 7. The arbitrator considered all relevant documents and testimony, including the explanation of the error and the grading process. The applicants' argument regarding hearsay was dismissed, as the arbitrator relied on the responsible official's testimony and the totality of the evidence. The court held that the arbitrator's findings were reasonable and fell within the range of decisions a reasonable...

Citation
[2017] ZALCJHB 385
Parties
Applicant: Onica Khunou; Applicant: Reuben Tshabane; Respondent: South African Local Government Bargaining Council; Respondent: Lungile Matshaka N.O; Respondent: City of Johannesburg Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2017
Case Number
JR175/2016
Procedural Posture
Review Application / Judgment After Review of Arbitration Award
Outcome
Application dismissed with costs.
Judges
Prinsloo
Legal Topics
Unfair Labour Practice, Promotion Dispute, Salary Grading, Arbitration Review
Labour Law Unfair Labour Practice Promotion Dispute Salary Grading Arbitration Review

Case Brief

Summary, issues, holding and outcome

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Parties

Onica Khunou

Applicant

Reuben Tshabane

Applicant

South African Local Government Bargaining Council

Respondent

Lungile Matshaka N.O

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Review Application / Judgment After Review of Arbitration Award

Legal Issues

  1. 1 Whether the employer committed an unfair labour practice by not placing the applicants at salary level 6.
  2. 2 Whether the arbitrator's award was reasonable and reviewable under the applicable test.

Ratio Decidendi

The court found that the arbitrator correctly identified the issue as whether the employer committed an unfair labour practice by not placing the applicants at salary level 6. The evidence showed that the letter indicating level 6 was issued in error, and the correct grading was at level 7. The arbitrator considered all relevant documents and testimony, including the explanation of the error and the grading process. The applicants' argument regarding hearsay was dismissed, as the arbitrator relied on the responsible official's testimony and the totality of the evidence. The court held that the arbitrator's findings were reasonable and fell within the range of decisions a reasonable...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.
  • The applicants are severally and jointly liable to pay the third respondent's costs, the one paying the other to be absolved.