National Commissioner of Correctional services and Another v PSA obo Snyman and Others (C98/2017) [2018] ZALCCT 5; [2019] 1 BLLR 62 (LC) (28 February 2018)

National Commissioner of Correctional services and Another v PSA obo Snyman and Others (C98/2017) [2018] ZALCCT 5; [2019] 1 BLLR 62 (LC) (28 February 2018)

The court found that the dispute referred to the Bargaining Council concerned the interpretation and application of the OSD collective agreement, specifically the salary band applicable to Snyman's post. The arbitrator had jurisdiction to determine the matter, as the referral and the parties' characterisation of the dispute were consistent with the requirements for such jurisdiction. The arbitrator's approach was reasonable, considering relevant clauses of the OSD and applying a practical and fair interpretation. There was no gross irregularity, as the arbitrator did not misconceive the enquiry and reached a result that was not unreasonable. The evidence relied upon by the applicants to...

Citation
[2018] ZALCCT 5
Parties
Applicant: National Commissioner of Correctional Services; Applicant: Minister of Correctional Services; Respondent: PSA obo Pierre Snyman; Respondent: Pierre Snyman; Respondent: GPSSBC; Respondent: J P Hanekom N.O.
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
28 February 2018
Case Number
C98/2017
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed; arbitration award upheld; no order as to costs.
Judges
A J Steenkamp
Legal Topics
Collective Agreement Interpretation, Jurisdiction of Bargaining Council, Reasonableness of Arbitration Award, Gross Irregularity, Costs in Labour Court
Labour Law Civil Procedure Collective Agreement Interpretation Jurisdiction of Bargaining Council Reasonableness of Arbitration Award Gross Irregularity Costs in Labour Court

Case Brief

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Parties

National Commissioner of Correctional Services

Applicant

Minister of Correctional Services

Applicant

PSA obo Pierre Snyman

Respondent

Pierre Snyman

Respondent

GPSSBC

Respondent

J P Hanekom N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Bargaining Council had jurisdiction to determine the dispute regarding the interpretation and application of the collective agreement (OSD).
  2. 2 Whether the arbitration award was one that a reasonable decision-maker could make under the Sidumo test.
  3. 3 Whether the arbitration award was improperly obtained.

Ratio Decidendi

The court found that the dispute referred to the Bargaining Council concerned the interpretation and application of the OSD collective agreement, specifically the salary band applicable to Snyman's post. The arbitrator had jurisdiction to determine the matter, as the referral and the parties' characterisation of the dispute were consistent with the requirements for such jurisdiction. The arbitrator's approach was reasonable, considering relevant clauses of the OSD and applying a practical and fair interpretation. There was no gross irregularity, as the arbitrator did not misconceive the enquiry and reached a result that was not unreasonable. The evidence relied upon by the applicants to...

Court Disposition

Application for review dismissed; arbitration award upheld; no order as to costs.

Orders

  • Paragraphs 33 (and the sub-paragraphs thereunder); 34; and sub-paragraphs 37.1 and 37.3 of the applicants’ founding affidavit are struck out.
  • The application for review is dismissed with costs.