Nkambule and Another v National Bargaining Council for the Chemical Industries and Others (JR1391/14) [2017] ZALCJHB 100 (29 March 2017)

Nkambule and Another v National Bargaining Council for the Chemical Industries and Others (JR1391/14) [2017] ZALCJHB 100 (29 March 2017)

The court found that the arbitrator correctly characterised the dispute as one for remuneration and not for a benefit or promotion. The referral form and the applicant's own submissions indicated the claim was for compensation for work performed at a higher grade and for back-pay. The arbitrator's conclusion that she lacked jurisdiction was well-founded. The documentary evidence regarding the temporary nature of level 2A was not shown to be fabricated, and the arbitrator's reliance on the respondent's witness was reasonable. There was no established practice of retrospective back-pay for upgrading in the applicant's circumstances. Even if the arbitrator had jurisdiction, her findings were...

Citation
[2017] ZALCJHB 100
Parties
Applicant: Brendan Nkambule; Applicant: General Industries Workers Union of South Africa; Respondent: The National Bargaining Council for the Chemical Industries; Respondent: Panellist Manisha Singh (N.O.); Respondent: AEL Mining Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2017
Case Number
JR1391/14
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Lagrange
Legal Topics
Unfair Labour Practice, Job Grading, Retrospective Remuneration, Promotion Dispute
Labour Law Unfair Labour Practice Job Grading Retrospective Remuneration Promotion Dispute

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Parties

Brendan Nkambule

Applicant

General Industries Workers Union of South Africa

Applicant

The National Bargaining Council for the Chemical Industries

Respondent

Panellist Manisha Singh (N.O.)

Respondent

AEL Mining Services

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator correctly characterised the dispute as one of remuneration rather than promotion or training.
  2. 2 Whether the arbitrator had jurisdiction to determine the claim for retrospective remuneration and grading adjustment.
  3. 3 Whether the arbitrator unreasonably relied on documentary evidence alleged to be fabricated.

Ratio Decidendi

The court found that the arbitrator correctly characterised the dispute as one for remuneration and not for a benefit or promotion. The referral form and the applicant's own submissions indicated the claim was for compensation for work performed at a higher grade and for back-pay. The arbitrator's conclusion that she lacked jurisdiction was well-founded. The documentary evidence regarding the temporary nature of level 2A was not shown to be fabricated, and the arbitrator's reliance on the respondent's witness was reasonable. There was no established practice of retrospective back-pay for upgrading in the applicant's circumstances. Even if the arbitrator had jurisdiction, her findings were...

Court Disposition

Application dismissed.

Orders

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