Mashele and Others v General Public Service Sectoral Bargaining Council and Others (JR 648/ 04) [2007] ZALC 142 (10 January 2007)

Mashele and Others v General Public Service Sectoral Bargaining Council and Others (JR 648/ 04) [2007] ZALC 142 (10 January 2007)

The court held that the applicants were not entitled to acting allowances under Public Service Resolution 1 of 2002 because they were not reappointed to the higher posts as required by the resolution. The arbitrator correctly interpreted the relevant clause, finding that reappointment was a prerequisite for entitlement to the allowance and that the employer was not under a duty to reappoint. The applicants' failure to accept the appointment in writing further disqualified them. The arbitrator's reasoning was found to be rational and reasonable, and no reviewable irregularity was committed. The application was dismissed.

Citation
[2007] ZALC 142
Parties
Applicant: S. Mashele; Applicant: M. Meso; Applicant: B. Howard; Applicant: F. Muthelo; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Johan Le Roux N.O.; Respondent: Department of Finance and Economic Development
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 January 2007
Case Number
JR 648/ 04
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
E Revelas
Legal Topics
Acting Allowance, Public Service Resolution, Unfair Labour Practice, Appointment Procedure
Labour Law Acting Allowance Public Service Resolution Unfair Labour Practice Appointment Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

S. Mashele

Applicant

M. Meso

Applicant

B. Howard

Applicant

F. Muthelo

Applicant

General Public Service Sectoral Bargaining Council

Respondent

Johan Le Roux N.O.

Respondent

Department of Finance and Economic Development

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants were entitled to acting allowances under Public Service Resolution 1 of 2002.
  2. 2 Whether the arbitrator failed to apply his mind to the evidence and relevant issues.
  3. 3 Whether the third respondent had a duty to reappoint the applicants to qualify for the allowance.

Ratio Decidendi

The court held that the applicants were not entitled to acting allowances under Public Service Resolution 1 of 2002 because they were not reappointed to the higher posts as required by the resolution. The arbitrator correctly interpreted the relevant clause, finding that reappointment was a prerequisite for entitlement to the allowance and that the employer was not under a duty to reappoint. The applicants' failure to accept the appointment in writing further disqualified them. The arbitrator's reasoning was found to be rational and reasonable, and no reviewable irregularity was committed. The application was dismissed.

Court Disposition

Application dismissed.

Orders

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