NEHAWU obo Tilodi v Ndzombane and Others (C30/15) [2018] ZALCCT 2 (2 February 2018)

NEHAWU obo Tilodi v Ndzombane and Others (C30/15) [2018] ZALCCT 2 (2 February 2018)

The court found that the applicant's conduct in accepting payment of the compensation award did not unequivocally indicate abandonment of the right to challenge the arbitration award, as the review application was launched prior to payment. The arbitrator's decision to award compensation equivalent to two months' salary, rather than reinstatement, was within the range of reasonable outcomes given the inconsistent disciplinary action and the breakdown of the trust relationship. The court held that the award was not susceptible to review and dismissed the application, declining to interfere with the arbitrator's discretion on remedy and quantum.

Citation
[2018] ZALCCT 2
Parties
Applicant: Nehawu obo Obakeng Victor Tilodi; Respondent: Commissioner T Ndzombane; Respondent: Department of Health; Respondent: Public Health & Social Development Sectoral Bargaining Council
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
2 February 2018
Case Number
C30/15
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed; arbitration award upheld.
Judges
Rabkin-Naicker
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Compensation Quantum, Peremption, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Compensation Quantum Peremption Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Nehawu obo Obakeng Victor Tilodi

Applicant

Commissioner T Ndzombane

Respondent

Department of Health

Respondent

Public Health & Social Development Sectoral Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award should be reviewed and set aside on the basis of the remedy granted.
  2. 2 Whether the doctrine of peremption applies due to the applicant accepting payment of the compensation award.
  3. 3 Whether the arbitrator's decision to award compensation instead of reinstatement was reasonable given the circumstances.

Ratio Decidendi

The court found that the applicant's conduct in accepting payment of the compensation award did not unequivocally indicate abandonment of the right to challenge the arbitration award, as the review application was launched prior to payment. The arbitrator's decision to award compensation equivalent to two months' salary, rather than reinstatement, was within the range of reasonable outcomes given the inconsistent disciplinary action and the breakdown of the trust relationship. The court held that the award was not susceptible to review and dismissed the application, declining to interfere with the arbitrator's discretion on remedy and quantum.

Court Disposition

Review application dismissed; arbitration award upheld.

Orders

  • The review application is dismissed.
  • There is no order as to costs.