NEHAWU obo Msweli and Others v Msiza N.O and Others (JR 2124/17) [2022] ZALCJHB 361 (25 November 2022)

NEHAWU obo Msweli and Others v Msiza N.O and Others (JR 2124/17) [2022] ZALCJHB 361 (25 November 2022)

The court found that the arbitrator correctly identified and addressed the dispute as one relating to unfair labour practice concerning benefits. The arbitrator properly interpreted the DPSA directive and considered all relevant evidence, including the requirement for employees to meet qualification and competency standards before absorption into upgraded posts. The employer's delay in implementing the directive was justified by the need to ensure compliance with the directive's requirements and financial implications. The arbitrator's conclusion that the employer's conduct did not amount to unfair labour practice was reasonable and supported by the evidence. NEHAWU failed to establish...

Citation
[2022] ZALCJHB 361
Parties
Applicant: NEHAWU obo MBUSO IGNATIOUS MSWELI AND 10 OTHERS; Respondent: BHEKI MSIZA N.O.; Respondent: GENERAL PUBLIC SERVICE SECTORAL BARGAINING COUNCIL; Respondent: MEC FOR E-GOVERNMENT, GAUTENG PROVINCE
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 November 2022
Case Number
JR 2124/17
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review and setting aside of the arbitration award is dismissed.
Judges
D Mahosi
Legal Topics
Unfair Labour Practice, Review of Arbitration Award, Condonation, Benefits, Promotion, Interpretation of Directive
Labour Law Civil Procedure Unfair Labour Practice Review of Arbitration Award Condonation Benefits Promotion Interpretation of Directive

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

NEHAWU obo MBUSO IGNATIOUS MSWELI AND 10 OTHERS

Applicant

BHEKI MSIZA N.O.

Respondent

GENERAL PUBLIC SERVICE SECTORAL BARGAINING COUNCIL

Respondent

MEC FOR E-GOVERNMENT, GAUTENG PROVINCE

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator misconceived the nature of the dispute and misinterpreted the DPSA directive.
  2. 2 Whether the employer's failure to backdate absorption of employees to upgraded posts constituted an unfair labour practice.
  3. 3 Whether the arbitration award is reviewable under section 145 of the LRA.

Ratio Decidendi

The court found that the arbitrator correctly identified and addressed the dispute as one relating to unfair labour practice concerning benefits. The arbitrator properly interpreted the DPSA directive and considered all relevant evidence, including the requirement for employees to meet qualification and competency standards before absorption into upgraded posts. The employer's delay in implementing the directive was justified by the need to ensure compliance with the directive's requirements and financial implications. The arbitrator's conclusion that the employer's conduct did not amount to unfair labour practice was reasonable and supported by the evidence. NEHAWU failed to establish...

Court Disposition

Application for review and setting aside of the arbitration award is dismissed.

Orders

  • Condonation for late filing of the review application is granted.
  • The application to review and set aside the arbitration award dated 30 May 2017 is dismissed.