POPCRU obo Mathaba v Lyster NO and Others (JR2529/11) [2016] ZALCJHB 474 (7 June 2016)

POPCRU obo Mathaba v Lyster NO and Others (JR2529/11) [2016] ZALCJHB 474 (7 June 2016)

The court held that the delay in filing the review application was not excessive and the explanation was reasonable. However, the applicant failed to establish reasonable prospects of success. The arbitrator correctly found that he lacked jurisdiction because the applicant had consented to demotion and did not allege duress or lack of capacity. The bargaining council was not competent to entertain a challenge to the agreement resulting in demotion. The statutory purpose of expeditious resolution of labour disputes would be undermined by granting condonation. Accordingly, condonation was refused and the review application dismissed.

Citation
[2016] ZALCJHB 474
Parties
Applicant: POPCRU obo S Mathaba; Respondent: R Lyster N.O.; Respondent: Minister of Correctional Services; Respondent: GPSSBC
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 June 2016
Case Number
JR2529/11
Procedural Posture
Review Application / Application for Condonation and Review of Arbitration Award
Outcome
Condonation for the late filing of the review application is refused and the review application is dismissed.
Judges
Van Niekerk
Legal Topics
Condonation, Jurisdiction of Bargaining Council, Unfair Labour Practice, Demotion, Review of Arbitration Award
Labour Law Civil Procedure Condonation Jurisdiction of Bargaining Council Unfair Labour Practice Demotion Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

POPCRU obo S Mathaba

Applicant

R Lyster N.O.

Respondent

Minister of Correctional Services

Respondent

GPSSBC

Respondent

Procedural Posture

Review Application / Application for Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether condonation for the late filing of the review application should be granted.
  2. 2 Whether the arbitrator had jurisdiction to entertain the applicant's dispute.
  3. 3 Whether the applicant's consent to demotion precluded him from challenging the demotion as an unfair labour practice.

Ratio Decidendi

The court held that the delay in filing the review application was not excessive and the explanation was reasonable. However, the applicant failed to establish reasonable prospects of success. The arbitrator correctly found that he lacked jurisdiction because the applicant had consented to demotion and did not allege duress or lack of capacity. The bargaining council was not competent to entertain a challenge to the agreement resulting in demotion. The statutory purpose of expeditious resolution of labour disputes would be undermined by granting condonation. Accordingly, condonation was refused and the review application dismissed.

Court Disposition

Condonation for the late filing of the review application is refused and the review application is dismissed.

Orders

  • Condonation for the late filing of the review application is refused.
  • The review application is dismissed.