Phera v Education Labour Relations Council and Others (JR 568/09) [2009] ZALC 99; (2010) 31 ILJ 992 (LC) (22 September 2009)

Phera v Education Labour Relations Council and Others (JR 568/09) [2009] ZALC 99; (2010) 31 ILJ 992 (LC) (22 September 2009)

The court found that the arbitrator correctly dealt with the jurisdictional issue, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's employment was conditional upon written approval from the third respondent, which was not granted. Therefore, the applicant was not an employee, and the ELRC lacked jurisdiction. The arbitrator's decision was reasonable given the facts and applicable law. The other grounds for review were irrelevant as they pertained to the merits, which could only be considered if jurisdiction existed.

Citation
[2009] ZALC 99
Parties
Applicant: James Phera; Respondent: Education Labour Relations Council; Respondent: Lesley Ramulifho; Respondent: Gauteng Department of Education; Respondent: MEC for Education: Gauteng; Respondent: Metropolitan Raucall School
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 September 2009
Case Number
JR 568/09
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
Nyathela
Legal Topics
Jurisdiction of Elrc, Employment Relationship, Conditional Offer of Employment, Review of Arbitration Award
Labour Law Civil Procedure Jurisdiction of Elrc Employment Relationship Conditional Offer of Employment Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

James Phera

Applicant

Education Labour Relations Council

Respondent

Lesley Ramulifho

Respondent

Gauteng Department of Education

Respondent

MEC for Education: Gauteng

Respondent

Metropolitan Raucall School

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Education Labour Relations Council had jurisdiction to entertain the dispute.
  2. 2 Whether the applicant was an employee for purposes of the Labour Relations Act.
  3. 3 Whether the arbitrator's ruling was one that a reasonable decision maker could not reach.

Ratio Decidendi

The court found that the arbitrator correctly dealt with the jurisdictional issue, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's employment was conditional upon written approval from the third respondent, which was not granted. Therefore, the applicant was not an employee, and the ELRC lacked jurisdiction. The arbitrator's decision was reasonable given the facts and applicable law. The other grounds for review were irrelevant as they pertained to the merits, which could only be considered if jurisdiction existed.

Court Disposition

Application for review dismissed with costs.

Orders

  • The panellist's ruling that the ELRC has no jurisdiction stands.
  • The application for review is dismissed with costs.