Mampane N.O and Others v National Union of Public Service and Allied Workers ("NUPSAW") and Another (JA51/2018) [2019] ZALAC 64; [2020] 2 BLLR 115 (LAC) ; (2020) 41 ILJ 363 (LAC) (16 October 2019)

Mampane N.O and Others v National Union of Public Service and Allied Workers ("NUPSAW") and Another (JA51/2018) [2019] ZALAC 64; [2020] 2 BLLR 115 (LAC) ; (2020) 41 ILJ 363 (LAC) (16 October 2019)

The Labour Appeal Court held that the evidence did not establish any right for the employee to an internal appeal against the relocation decision under the policy or otherwise. Even if such a right existed, the Commissioner personally reconsidered the appeal. Furthermore, the Commissioner had statutory authority under section 2D of the Lotteries Act to delegate powers to the Human Capital Manager, and clause 9 of the policy imposed no limitation on this delegation. The relocation decision was governed by a collective agreement, which is binding and not subject to review unless extended to non-parties. The Labour Court's finding of unlawful delegation was incorrect, and its judgment was...

Citation
[2019] ZALAC 64
Parties
Appellant: Thabang Mampane, N.O; Appellant: National Lotteries Commission; Appellant: The Board of the National Lotteries Commission; Appellant: Khau Moloko, NO; Respondent: National Union of Public Service and Allied Workers ("NUPSAW"); Respondent: Kelebogile Mokgatlha
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
16 October 2019
Case Number
JA51/2018
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; Labour Court judgment set aside; application dismissed; costs awarded against first respondent.
Judges
Waglay, Murphy, Kathree-Setiloane
Legal Topics
Delegation of Powers, Collective Agreement, Internal Appeal Rights, Review of Administrative Action, Costs Award
Labour Law Civil Procedure Delegation of Powers Collective Agreement Internal Appeal Rights Review of Administrative Action Costs Award

Case Brief

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Parties

Thabang Mampane, N.O

Appellant

National Lotteries Commission

Appellant

The Board of the National Lotteries Commission

Appellant

Khau Moloko, NO

Appellant

National Union of Public Service and Allied Workers ("NUPSAW")

Respondent

Kelebogile Mokgatlha

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the Commissioner lawfully delegated authority to the Human Capital Manager to decide the employee's appeal against relocation.
  2. 2 Whether the employee had a right to an internal appeal against the decision to relocate her under the policy or law.
  3. 3 Whether the decision to refuse the appeal was ultra vires and void.

Ratio Decidendi

The Labour Appeal Court held that the evidence did not establish any right for the employee to an internal appeal against the relocation decision under the policy or otherwise. Even if such a right existed, the Commissioner personally reconsidered the appeal. Furthermore, the Commissioner had statutory authority under section 2D of the Lotteries Act to delegate powers to the Human Capital Manager, and clause 9 of the policy imposed no limitation on this delegation. The relocation decision was governed by a collective agreement, which is binding and not subject to review unless extended to non-parties. The Labour Court's finding of unlawful delegation was incorrect, and its judgment was...

Court Disposition

Appeal upheld; Labour Court judgment set aside; application dismissed; costs awarded against first respondent.

Orders

  • The appeal succeeds and the orders of the Labour Court are set aside and substituted with: (a) The application is dismissed. (b) The first applicant (NUPSAW) is ordered to pay the costs of the application.
  • The first respondent (NUPSAW) is ordered to pay the costs of the appeal.