Molokomme and Others v Education Labour Relations Council and Others (JR2390/13) [2016] ZALCJHB 417 (1 November 2016)

Molokomme and Others v Education Labour Relations Council and Others (JR2390/13) [2016] ZALCJHB 417 (1 November 2016)

The court found that the arbitrator had properly considered the evidence and applied the correct principles. The errors in scoring did not prejudice the applicants, as their scores remained below the threshold for shortlisting even after corrections. The shortlisting criteria, including the weighting of computer literacy and experience requirements, were within the panel's discretion and not irrational or discriminatory. The exclusion of candidates based on improper certification of documents was reasonable given the risk of fraud. The arbitrator's joinder of the successful candidate was appropriate, as she had a direct interest in the outcome. No grounds of review were established to...

Citation
[2016] ZALCJHB 417
Parties
Applicant: Molokomme & 4 Others; Respondent: Education Labour Relations Council; Respondent: Ravi Naidoo N.O.; Respondent: Gauteng Department of Education
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 November 2016
Case Number
JR2390/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Unfair Labour Practice, Shortlisting Criteria, Arbitration Review, Personnel Administration Measures
Labour Law Civil Procedure Unfair Labour Practice Shortlisting Criteria Arbitration Review Personnel Administration Measures

Case Brief

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Parties

Molokomme & 4 Others

Applicant

Education Labour Relations Council

Respondent

Ravi Naidoo N.O.

Respondent

Gauteng Department of Education

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in dismissing the applicants' unfair labour practice claim regarding the shortlisting process.
  2. 2 Whether the shortlisting criteria and scoring applied by the panel were unfair or irrational.
  3. 3 Whether the exclusion of applicants based on certification of documents and experience requirements was lawful.

Ratio Decidendi

The court found that the arbitrator had properly considered the evidence and applied the correct principles. The errors in scoring did not prejudice the applicants, as their scores remained below the threshold for shortlisting even after corrections. The shortlisting criteria, including the weighting of computer literacy and experience requirements, were within the panel's discretion and not irrational or discriminatory. The exclusion of candidates based on improper certification of documents was reasonable given the risk of fraud. The arbitrator's joinder of the successful candidate was appropriate, as she had a direct interest in the outcome. No grounds of review were established to...

Court Disposition

Review application dismissed.

Orders

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