Mbatha v Safety and Security Sectoral Bargaining Council and Others (JR372/13) [2015] ZALCJHB 332 (30 September 2015)

Mbatha v Safety and Security Sectoral Bargaining Council and Others (JR372/13) [2015] ZALCJHB 332 (30 September 2015)

The commissioner failed to apply the fairness test and did not interrogate whether SAPS had a rational basis for not shortlisting the applicant. There was no documentary evidence that the applicant's application for the Dobsonville post was considered, and SAPS failed to provide reasons for not shortlisting him. The selection process was irregular, with panel members awarding identical scores and failing to disclose conflicts of interest. Nkosi did not meet the minimum requirements for the post, while the applicant did. The commissioner's findings were unreasonable and divorced from the evidence. The award was reviewed and set aside, and SAPS was found to have committed an unfair labour...

Citation
[2015] ZALCJHB 332
Parties
Applicant: E N Mbatha; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: I A Sirkhot NO; Respondent: South African Police Service; Respondent: E Nkosi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 September 2015
Case Number
JR372/13
Procedural Posture
Review Application / Judgment After Review of Arbitration Award
Outcome
The review application succeeded. The arbitration award was set aside and substituted with a finding of unfair labour practice against SAPS. Compensation and costs were awarded to the applicant, and Nkosi's appointment was set aside.
Judges
Ralehoko
Legal Topics
Unfair Labour Practice, Promotion Dispute, Procedural Fairness, Compensation, Arbitration Review
Labour Law Unfair Labour Practice Promotion Dispute Procedural Fairness Compensation Arbitration Review

Case Brief

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Parties

E N Mbatha

Applicant

Safety and Security Sectoral Bargaining Council

Respondent

I A Sirkhot NO

Respondent

South African Police Service

Respondent

E Nkosi

Respondent

Procedural Posture

Review Application / Judgment After Review of Arbitration Award

Legal Issues

  1. 1 Whether SAPS committed an unfair labour practice by failing to promote the applicant.
  2. 2 Whether the selection process and appointment of Nkosi was procedurally and substantively fair.
  3. 3 Whether the commissioner applied the correct legal test in dismissing the applicant's claim.

Ratio Decidendi

The commissioner failed to apply the fairness test and did not interrogate whether SAPS had a rational basis for not shortlisting the applicant. There was no documentary evidence that the applicant's application for the Dobsonville post was considered, and SAPS failed to provide reasons for not shortlisting him. The selection process was irregular, with panel members awarding identical scores and failing to disclose conflicts of interest. Nkosi did not meet the minimum requirements for the post, while the applicant did. The commissioner's findings were unreasonable and divorced from the evidence. The award was reviewed and set aside, and SAPS was found to have committed an unfair labour...

Court Disposition

The review application succeeded. The arbitration award was set aside and substituted with a finding of unfair labour practice against SAPS. Compensation and costs were awarded to the applicant, and Nkosi's appointment was set aside.

Orders

  • Condonation granted for late filing of the review application and answering affidavit.
  • The arbitration award is reviewed and set aside, substituted with a finding that SAPS committed an unfair labour practice against the applicant.