NUPSAW obo Modise v GPSSBC and Others (JR1585/12) [2014] ZALCJHB 80 (20 March 2014)

NUPSAW obo Modise v GPSSBC and Others (JR1585/12) [2014] ZALCJHB 80 (20 March 2014)

The Labour Court found that the arbitrator's decision was limited to a preliminary jurisdictional point and did not involve binding factual findings on the merits. Any comments made by the arbitrator regarding the factual situation were obiter and not determinative. The Court held that the Bargaining Council had not yet heard evidence on the merits and must be afforded the opportunity to do so. The application for review was unopposed, but the Court was not compelled to grant all relief sought and exercised its discretion to remit the dispute for fresh arbitration. The Court concluded that there were no reasonable prospects that another court would reach a different conclusion,...

Citation
[2014] ZALCJHB 80
Parties
Applicant: NUPSAW obo DINEO MODISE; Respondent: GPSSBC; Respondent: N MASEKO N.O.; Respondent: HEAD OF DEPARTMENT: GAUTENG DEPARTMENT OF ROADS AND TRANSPORT; Respondent: G L DABULA; Respondent: L MDAKANE; Respondent: M NKABITI; Respondent: M P JONAS; Respondent: I N MASEKO; Respondent: MEMBER OF EXECUTIVE COUNCIL FOR THE GAUTENG DEPARTMENT OF ROADS AND TRANSPORT
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2014
Case Number
JR1585/12
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Outcome
Application for leave to appeal dismissed.
Judges
Steenkamp
Legal Topics
Unfair Labour Practice, Jurisdiction of Bargaining Council, Remittal of Dispute, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Jurisdiction of Bargaining Council Remittal of Dispute Review of Arbitration Award

Case Brief

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Parties

NUPSAW obo DINEO MODISE

Applicant

GPSSBC

Respondent

N MASEKO N.O.

Respondent

HEAD OF DEPARTMENT: GAUTENG DEPARTMENT OF ROADS AND TRANSPORT

Respondent

G L DABULA

Respondent

L MDAKANE

Respondent

M NKABITI

Respondent

M P JONAS

Respondent

I N MASEKO

Respondent

MEMBER OF EXECUTIVE COUNCIL FOR THE GAUTENG DEPARTMENT OF ROADS AND TRANSPORT

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Review Judgment

Legal Issues

  1. 1 Whether the arbitrator made binding factual findings despite dismissing the matter on a jurisdictional point.
  2. 2 Whether the Labour Court erred in remitting the dispute to the Bargaining Council for arbitration.
  3. 3 Whether there were any factual issues remaining to be decided.

Ratio Decidendi

The Labour Court found that the arbitrator's decision was limited to a preliminary jurisdictional point and did not involve binding factual findings on the merits. Any comments made by the arbitrator regarding the factual situation were obiter and not determinative. The Court held that the Bargaining Council had not yet heard evidence on the merits and must be afforded the opportunity to do so. The application for review was unopposed, but the Court was not compelled to grant all relief sought and exercised its discretion to remit the dispute for fresh arbitration. The Court concluded that there were no reasonable prospects that another court would reach a different conclusion,...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.