Nhlengethwa v Eagle Liner (Pty) Ltd (D415/08) [2010] ZALCD 12 (17 December 2010)

Nhlengethwa v Eagle Liner (Pty) Ltd (D415/08) [2010] ZALCD 12 (17 December 2010)

The court found that the respondent complied with the arbitration award by re-employing the applicant as a bus driver, which was the position he held prior to dismissal. The applicant's demand to be allocated to a specific route was unsupported by the award, company policy, or any contractual provision. The complaint regarding sleeping arrangements on the Gautrain route was not pleaded and amounted to a trial by ambush, leaving the respondent unprepared to address it. The court held that such accommodation issues, if not contractually provided, are matters for collective bargaining and not enforceable through this application. The applicant's failure to report for duty after being...

Citation
[2010] ZALCD 12
Parties
Applicant: Samuel Naphtal Nhlengethwa; Respondent: Eagle Liner (Pty) Ltd
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
17 December 2010
Case Number
D415/08
Procedural Posture
Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the Labour Relations Act; Opposed and Referred to Oral Evidence.
Outcome
Application dismissed.
Judges
Cele
Legal Topics
Arbitration Award Enforcement, Unfair Dismissal, Reinstatement, Terms and Conditions of Employment
Labour Law Arbitration Award Enforcement Unfair Dismissal Reinstatement Terms and Conditions of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Samuel Naphtal Nhlengethwa

Applicant

Eagle Liner (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Make Arbitration Award an Order of Court Under Section 158(1)(c) of the Labour Relations Act; Opposed and Referred to Oral Evidence.

Legal Issues

  1. 1 Whether the respondent substantially complied with the terms of the arbitration award ordering re-employment of the applicant.
  2. 2 Whether the applicant was entitled to demand allocation to a specific bus route as part of reinstatement.
  3. 3 Whether the respondent failed to comply with the award by not providing adequate sleeping facilities for drivers on the Gautrain route.

Ratio Decidendi

The court found that the respondent complied with the arbitration award by re-employing the applicant as a bus driver, which was the position he held prior to dismissal. The applicant's demand to be allocated to a specific route was unsupported by the award, company policy, or any contractual provision. The complaint regarding sleeping arrangements on the Gautrain route was not pleaded and amounted to a trial by ambush, leaving the respondent unprepared to address it. The court held that such accommodation issues, if not contractually provided, are matters for collective bargaining and not enforceable through this application. The applicant's failure to report for duty after being...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No costs order is made.