Myeni v General Public Service Sectoral Bargaining Council and Others (JR1088/13) [2016] ZALCJHB 369 (28 September 2016)

Myeni v General Public Service Sectoral Bargaining Council and Others (JR1088/13) [2016] ZALCJHB 369 (28 September 2016)

The court found that the Commissioner properly considered all the evidence and reasonably concluded that the employer did not commit any unfair labour practice in the promotion process. The applicant's main complaint was the lack of feedback after the interview, which, while unfortunate, does not amount to unfair conduct under the Labour Relations Act. The applicant conceded that only successful candidates are notified and admitted he had no legitimate expectation of appointment. The Commissioner’s award was reasonable and justified, and there was no basis for review. The late filing of the review application was condoned, but the review itself was dismissed.

Citation
[2016] ZALCJHB 369
Parties
Applicant: Sipho Douglas Myeni; Respondent: General Public Service Sectoral Bargaining Council; Respondent: Joseph Mandla Maseko, N.O.; Respondent: Department of Correctional Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 September 2016
Case Number
JR1088/13
Procedural Posture
Review Application / Judgment After Hearing of Review Application
Outcome
Review application dismissed; condonation granted; no order as to costs.
Judges
Bekker
Legal Topics
Unfair Labour Practice, Promotion Dispute, Review of Arbitration Award, Condonation of Late Filing
Labour Law Civil Procedure Unfair Labour Practice Promotion Dispute Review of Arbitration Award Condonation of Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Sipho Douglas Myeni

Applicant

General Public Service Sectoral Bargaining Council

Respondent

Joseph Mandla Maseko, N.O.

Respondent

Department of Correctional Services

Respondent

Procedural Posture

Review Application / Judgment After Hearing of Review Application

Legal Issues

  1. 1 Whether the Commissioner committed a reviewable irregularity in confirming the absence of unfair conduct by the employer regarding promotion.
  2. 2 Whether the failure to provide feedback to unsuccessful candidates constitutes an unfair labour practice under the Labour Relations Act.
  3. 3 Whether the arbitration award was reasonable in light of the evidence presented.

Ratio Decidendi

The court found that the Commissioner properly considered all the evidence and reasonably concluded that the employer did not commit any unfair labour practice in the promotion process. The applicant's main complaint was the lack of feedback after the interview, which, while unfortunate, does not amount to unfair conduct under the Labour Relations Act. The applicant conceded that only successful candidates are notified and admitted he had no legitimate expectation of appointment. The Commissioner’s award was reasonable and justified, and there was no basis for review. The late filing of the review application was condoned, but the review itself was dismissed.

Court Disposition

Review application dismissed; condonation granted; no order as to costs.

Orders

  • The late filing of the applicant’s review application is condoned.
  • The applicant’s review application is dismissed.