Munsamy v SSSBC and Others (D437/09) [2012] ZALCD 5 (25 May 2012)

Munsamy v SSSBC and Others (D437/09) [2012] ZALCD 5 (25 May 2012)

The court found that the arbitrator did not commit a gross irregularity or act unreasonably in refusing the applicant's promotion. The Provincial Committee's substitution of the applicant with another candidate was justified by the need to address under-representation of African males in accordance with the Employment Equity Plan and National Instruction 1/2004. The arbitrator properly considered both documentary and viva voce evidence, and the failure to keep proper records, while irregular, did not amount to reviewable unfairness or prejudice. The compensation awarded was reasonable and related to the procedural irregularity of record-keeping, not to the merits of promotion. The...

Citation
[2012] ZALCD 5
Parties
Applicant: Captain M. Munsamy; Respondent: SSSBC; Respondent: A. Deyzel N.O.; Respondent: Commissioner of the SAPS; Respondent: Superintendent J D Brown; Respondent: Superintendent D M Dubazane; Respondent: Superintendent D M Ngcobo
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
25 May 2012
Case Number
D437/09
Procedural Posture
Review Application / Judgment After Hearing of Review Application
Outcome
The review application is dismissed on all outlined grounds.
Judges
Cele
Legal Topics
Promotion Policy, Employment Equity, Unfair Labour Practice, Arbitration Review, Procedural Fairness
Labour Law Administrative Law Promotion Policy Employment Equity Unfair Labour Practice Arbitration Review Procedural Fairness

Case Brief

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Parties

Captain M. Munsamy

Applicant

SSSBC

Respondent

A. Deyzel N.O.

Respondent

Commissioner of the SAPS

Respondent

Superintendent J D Brown

Respondent

Superintendent D M Dubazane

Respondent

Superintendent D M Ngcobo

Respondent

Procedural Posture

Review Application / Judgment After Hearing of Review Application

Legal Issues

  1. 1 Whether the arbitration award refusing promotion to the applicant was reviewable on grounds of gross irregularity or unreasonableness.
  2. 2 Whether the Provincial Committee's substitution of the applicant with another candidate complied with the Promotion Policy and Employment Equity Plan.
  3. 3 Whether the failure to keep proper records constituted an unfair labour practice.

Ratio Decidendi

The court found that the arbitrator did not commit a gross irregularity or act unreasonably in refusing the applicant's promotion. The Provincial Committee's substitution of the applicant with another candidate was justified by the need to address under-representation of African males in accordance with the Employment Equity Plan and National Instruction 1/2004. The arbitrator properly considered both documentary and viva voce evidence, and the failure to keep proper records, while irregular, did not amount to reviewable unfairness or prejudice. The compensation awarded was reasonable and related to the procedural irregularity of record-keeping, not to the merits of promotion. The...

Court Disposition

The review application is dismissed on all outlined grounds.

Orders

  • The review application in this matter is dismissed on all outlined grounds.
  • No costs order is made.