Phera v Education Labour Relations Council and Others (JR568/09) [2009] ZALCJHB 47 (22 September 2009)

Phera v Education Labour Relations Council and Others (JR568/09) [2009] ZALCJHB 47 (22 September 2009)

The court held that the arbitrator was correct to address the jurisdictional issue first, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's appointment 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 the jurisdictional finding was dispositive.

Citation
[2009] ZALCJHB 47
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 Johannesburg
Jurisdiction
South Africa
Judgment Date
22 September 2009
Case Number
JR568/09
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
Nyathela
Legal Topics
Jurisdiction of Elrc, Conditional Offer of Employment, Unfair Labour Practice, Review of Arbitration Award
Labour Law Civil Procedure Jurisdiction of Elrc Conditional Offer of Employment Unfair Labour Practice 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 decision was one that a reasonable decision maker could not reach.

Ratio Decidendi

The court held that the arbitrator was correct to address the jurisdictional issue first, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's appointment 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 the jurisdictional finding was dispositive.

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.