Muller v Public Investment Corporation (soc) Limited (PIC) (JR 3021/19) [2022] ZALCJHB 82; [2022] 5 BLLR 458 (LC) (18 February 2022)

Muller v Public Investment Corporation (soc) Limited (PIC) (JR 3021/19) [2022] ZALCJHB 82; [2022] 5 BLLR 458 (LC) (18 February 2022)

The commissioner committed a gross irregularity by dismissing the applicant’s claim on the basis of non-joinder, which was neither pleaded nor appropriate in the circumstances. The Minister of Finance acted ultra vires in revising and deferring the payment of incentives, as his powers were limited to approval or disapproval, not revision or deferment. The PIC’s failure to pay the short-term and long-term incentives, despite the applicant meeting the performance criteria and the PIC recommending payment, constituted an unfair labour practice under section 186(2)(a) of the LRA. The Labour Court, having all relevant material before it, was in as good a position as the commissioner to...

Citation
[2022] ZALCJHB 82
Parties
Applicant: Mervin Muller; Respondent: Public Investment Corporation (SOC) Limited (PIC); Respondent: THE CCMA; Respondent: Commissioner M C Lebea N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 February 2022
Case Number
JR 3021/19
Procedural Posture
Review Application / Opposed Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The Labour Court substitutes its own order, finding that the PIC committed an unfair labour practice and ordering payment of the shortfall and outstanding incentives with interest.
Judges
G N Moshoana
Legal Topics
Unfair Labour Practice, Arbitration Review, Ministerial Directive, Contractual Breach, Non Joinder, Interest on Awards
Labour Law Civil Procedure Unfair Labour Practice Arbitration Review Ministerial Directive Contractual Breach Non Joinder Interest on Awards

Case Brief

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Parties

Mervin Muller

Applicant

Public Investment Corporation (SOC) Limited (PIC)

Respondent

THE CCMA

Respondent

Commissioner M C Lebea N.O

Respondent

Procedural Posture

Review Application / Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed a reviewable irregularity by dismissing the claim on grounds of non-joinder.
  2. 2 Whether the Minister of Finance had the legal authority to revise or defer the payment of short-term and long-term incentives.
  3. 3 Whether the conduct of the PIC constituted an unfair labour practice under section 186(2)(a) of the LRA.

Ratio Decidendi

The commissioner committed a gross irregularity by dismissing the applicant’s claim on the basis of non-joinder, which was neither pleaded nor appropriate in the circumstances. The Minister of Finance acted ultra vires in revising and deferring the payment of incentives, as his powers were limited to approval or disapproval, not revision or deferment. The PIC’s failure to pay the short-term and long-term incentives, despite the applicant meeting the performance criteria and the PIC recommending payment, constituted an unfair labour practice under section 186(2)(a) of the LRA. The Labour Court, having all relevant material before it, was in as good a position as the commissioner to...

Court Disposition

The arbitration award is reviewed and set aside. The Labour Court substitutes its own order, finding that the PIC committed an unfair labour practice and ordering payment of the shortfall and outstanding incentives with interest.

Orders

  • The arbitration award issued by Commissioner Lebea under case number GATW4343/19 dated 19 November 2019 is reviewed and set aside.
  • It is replaced with an order that the PIC has committed an unfair labour practice within the contemplation of section 186(2)(a) of the LRA.