Portnet v La Grange and Others (P166/98) [1998] ZALC 102 (6 November 1998)

Portnet v La Grange and Others (P166/98) [1998] ZALC 102 (6 November 1998)

The court found that the arbitrator misdirected himself in law by applying the 30-day referral period under section 191(1) of the Labour Relations Act instead of the 21-day period stipulated in the Bargaining Council's constitution, which is binding as a collective agreement. The arbitrator failed to properly exercise judicial discretion in considering condonation, as he did not assess all material factors, particularly the prospects of success, and did not afford the parties a proper hearing. This error was material and rendered the award unjustifiable under the standard of review set out in Carephone and Metcash. Accordingly, the award was reviewed and set aside.

Citation
[1998] ZALC 102
Parties
Applicant: Portnet; Respondent: R La Grange; Respondent: South African Railways and Harbour Workers Union; Respondent: T Mose; Respondent: Transnet Bargaining Council
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
6 November 1998
Case Number
P166/98
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award granting condonation for late referral is reviewed and set aside. The matter is referred back to the Bargaining Council for fresh consideration.
Judges
Basson
Legal Topics
Condonation for Late Referral, Collective Agreement, Arbitration Review, Bargaining Council Dispute, Judicial Discretion
Labour Law Civil Procedure Condonation for Late Referral Collective Agreement Arbitration Review Bargaining Council Dispute Judicial Discretion

Case Brief

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Parties

Portnet

Applicant

R La Grange

Respondent

South African Railways and Harbour Workers Union

Respondent

T Mose

Respondent

Transnet Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator was correct in granting condonation for the late referral of the dismissal dispute.
  2. 2 Whether the arbitrator misdirected himself in law by applying the Labour Relations Act timeframes instead of the Bargaining Council constitution.
  3. 3 Whether the arbitrator properly exercised judicial discretion in considering condonation.

Ratio Decidendi

The court found that the arbitrator misdirected himself in law by applying the 30-day referral period under section 191(1) of the Labour Relations Act instead of the 21-day period stipulated in the Bargaining Council's constitution, which is binding as a collective agreement. The arbitrator failed to properly exercise judicial discretion in considering condonation, as he did not assess all material factors, particularly the prospects of success, and did not afford the parties a proper hearing. This error was material and rendered the award unjustifiable under the standard of review set out in Carephone and Metcash. Accordingly, the award was reviewed and set aside.

Court Disposition

The arbitration award granting condonation for late referral is reviewed and set aside. The matter is referred back to the Bargaining Council for fresh consideration.

Orders

  • The award made by the first respondent on 30 April 1998 is reviewed and set aside.
  • The matter is referred back to the fourth respondent to be dealt with ab initio as if lodged for the first time.