Mampane NO and Others v National Union of Public Service and Allied Workers (NUPSAW) and Another; In re: National Union of Public Service and Allied Workers (NUPSAW) and Another v Mampane NO and Others (JR671/2016) [2018] ZALCJHB 182 (11 May 2018)

Mampane NO and Others v National Union of Public Service and Allied Workers (NUPSAW) and Another; In re: National Union of Public Service and Allied Workers (NUPSAW) and Another v Mampane NO and Others (JR671/2016) [2018] ZALCJHB 182 (11 May 2018)

The court found that there is some prospect that another court may reach a different conclusion regarding whether a binding collective agreement confirmed the redeployment of the second respondent to Kwa-Zulu Natal. On this basis, leave to appeal was granted. The court was not persuaded that another court would likely differ on the issues of ratification and delegation of authority, but granted leave to appeal on all grounds since the application was unopposed and the interests of justice favoured allowing the appeal.

Citation
[2018] ZALCJHB 182
Parties
Applicant: Thabang Mampane N.O; Applicant: National Lotteries Commission; Applicant: Board of the National Lotteries Commission; Applicant: Khau Moloko N.O; Respondent: National Union of Public Service and Allied Workers (NUPSAW); Respondent: Kelebogile Mokgatlha
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 May 2018
Case Number
JR 671/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Leave to appeal against the judgment of 18 January 2018 is granted.
Judges
Lagrange
Legal Topics
Collective Agreement, Redeployment, Delegation of Authority, Ultra Vires, Review of Administrative Action
Labour Law Administrative Law Collective Agreement Redeployment Delegation of Authority Ultra Vires Review of Administrative Action

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Parties

Thabang Mampane N.O

Applicant

National Lotteries Commission

Applicant

Board of the National Lotteries Commission

Applicant

Khau Moloko N.O

Applicant

National Union of Public Service and Allied Workers (NUPSAW)

Respondent

Kelebogile Mokgatlha

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether there was a binding collective agreement confirming the redeployment of the second respondent to Kwa-Zulu Natal.
  2. 2 Whether the first applicant ratified or confirmed the redeployment decision of 18 November 2015.
  3. 3 Whether the first applicant delegated authority to the fourth applicant to consider deviation requests.

Ratio Decidendi

The court found that there is some prospect that another court may reach a different conclusion regarding whether a binding collective agreement confirmed the redeployment of the second respondent to Kwa-Zulu Natal. On this basis, leave to appeal was granted. The court was not persuaded that another court would likely differ on the issues of ratification and delegation of authority, but granted leave to appeal on all grounds since the application was unopposed and the interests of justice favoured allowing the appeal.

Court Disposition

Leave to appeal against the judgment of 18 January 2018 is granted.

Orders

  • Leave to appeal against the judgment handed down on 18 January 2018 is granted.
  • No order as to costs.