Ngwathe Local Municipality v South African Local Government Bargaining Council (JR 1525/07) [2011] ZALCJHB 42; [2011] 12 BLLR 1206 (LC); (2011) 32 ILJ 2724 (LC) (26 May 2011)

Ngwathe Local Municipality v South African Local Government Bargaining Council (JR 1525/07) [2011] ZALCJHB 42; [2011] 12 BLLR 1206 (LC); (2011) 32 ILJ 2724 (LC) (26 May 2011)

The court found that the settlement agreement signed between the applicant and the unions resolved both the disciplinary hearing and the dispute regarding the unilateral change to terms and conditions of employment. The employees agreed to work the 4 shift system, which was the subject of the dispute, and the disciplinary charges were suspended as a result. The deletion of the withdrawal clause from the draft agreement did not affect the substantive settlement of the dispute. The court held that once the parties had agreed on the 4 shift system, the dispute became academic and there was nothing left to arbitrate. Accordingly, the Bargaining Council lacked jurisdiction to hear the dispute,...

Citation
[2011] ZALCJHB 42
Parties
Applicant: Ngwathe Local Municipality; Respondent: South African Local Government Bargaining Council; Respondent: Lepono Joshua Lekale N.O; Respondent: South African Municipal Workers Union obo Members; Respondent: Independent Municipal and Allied Trade Union obo Members
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2011
Case Number
JR1525/07
Procedural Posture
Review Application / Application to Review and Set Aside an in Limine Jurisdictional Ruling
Outcome
Application granted; arbitrator's ruling reviewed and set aside; finding substituted that the Bargaining Council has no jurisdiction to hear the dispute.
Judges
Sandile July
Legal Topics
Settlement Agreement, Jurisdiction of Bargaining Council, Unilateral Change to Terms, Interpretation of Collective Agreement
Labour Law Civil Procedure Settlement Agreement Jurisdiction of Bargaining Council Unilateral Change to Terms Interpretation of Collective Agreement

Case Brief

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Parties

Ngwathe Local Municipality

Applicant

South African Local Government Bargaining Council

Respondent

Lepono Joshua Lekale N.O

Respondent

South African Municipal Workers Union obo Members

Respondent

Independent Municipal and Allied Trade Union obo Members

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside an in Limine Jurisdictional Ruling

Legal Issues

  1. 1 Whether the settlement agreement resolved the dispute referred to the Bargaining Council.
  2. 2 Whether the Bargaining Council had jurisdiction to arbitrate the dispute after the settlement agreement.
  3. 3 Whether the deletion of the withdrawal clause in the settlement agreement affected the resolution of the dispute.

Ratio Decidendi

The court found that the settlement agreement signed between the applicant and the unions resolved both the disciplinary hearing and the dispute regarding the unilateral change to terms and conditions of employment. The employees agreed to work the 4 shift system, which was the subject of the dispute, and the disciplinary charges were suspended as a result. The deletion of the withdrawal clause from the draft agreement did not affect the substantive settlement of the dispute. The court held that once the parties had agreed on the 4 shift system, the dispute became academic and there was nothing left to arbitrate. Accordingly, the Bargaining Council lacked jurisdiction to hear the dispute,...

Court Disposition

Application granted; arbitrator's ruling reviewed and set aside; finding substituted that the Bargaining Council has no jurisdiction to hear the dispute.

Orders

  • The ruling by Arbitrator Lepono Joshua Lekale is reviewed and set aside.
  • It is substituted with a finding that the South African Local Government Bargaining Council has no jurisdiction to hear the dispute.