Pamplin v Western Cape Education and Others (C1034/2015) [2018] ZALCCT 13 (9 May 2018)

Pamplin v Western Cape Education and Others (C1034/2015) [2018] ZALCCT 13 (9 May 2018)

The Labour Court found that the Commissioner misapplied the law regarding the burden of proof and drew unreasonable adverse inferences against the applicant for failing to subpoena the HOD, when the obligation to explain the fairness of the appointment process rested with the employer. The Commissioner failed to afford the applicant a fair trial of the issues and did not deal with the substantial merits of the dispute, particularly in light of the absence of evidence from the HOD regarding the rationale for the appointment decision. The Court held that the Commissioner’s decision was not one that a reasonable decision maker could have reached on the evidence before her. Consequently, the...

Citation
[2018] ZALCCT 13
Parties
Applicant: Shauna Patricia Pamplin; Respondent: Western Cape Education Department; Respondent: Education Labour Relations Council; Respondent: Gail McEwan N.O; Respondent: Hilton Palanyandi
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
9 May 2018
Case Number
C1034/2015
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application granted; arbitration award set aside; dispute remitted for rehearing before a different Commissioner; no order as to costs.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Labour Practice, Promotion, Employment Equity, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Promotion Employment Equity Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Shauna Patricia Pamplin

Applicant

Western Cape Education Department

Respondent

Education Labour Relations Council

Respondent

Gail McEwan N.O

Respondent

Hilton Palanyandi

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner misapplied the law and misconceived the nature of the enquiry in the arbitration award.
  2. 2 Whether the failure to promote the applicant constituted an unfair labour practice under section 186(2) of the LRA.
  3. 3 Whether the Commissioner correctly applied the burden of proof and drew appropriate inferences regarding the evidence.

Ratio Decidendi

The Labour Court found that the Commissioner misapplied the law regarding the burden of proof and drew unreasonable adverse inferences against the applicant for failing to subpoena the HOD, when the obligation to explain the fairness of the appointment process rested with the employer. The Commissioner failed to afford the applicant a fair trial of the issues and did not deal with the substantial merits of the dispute, particularly in light of the absence of evidence from the HOD regarding the rationale for the appointment decision. The Court held that the Commissioner’s decision was not one that a reasonable decision maker could have reached on the evidence before her. Consequently, the...

Court Disposition

Review application granted; arbitration award set aside; dispute remitted for rehearing before a different Commissioner; no order as to costs.

Orders

  • The late filing of the answering affidavit by the First Respondent is condoned.
  • The arbitration award issued by the Third Respondent is reviewed and set aside.