Premier Gauteng and Another v Ramabulana N.O and Others (JA 62/05) [2007] ZALAC 16; [2008] 4 BLLR 299 (LAC); (2008) 29 ILJ 1099 (LAC) (21 December 2007)

Premier Gauteng and Another v Ramabulana N.O and Others (JA 62/05) [2007] ZALAC 16; [2008] 4 BLLR 299 (LAC); (2008) 29 ILJ 1099 (LAC) (21 December 2007)

The Labour Appeal Court held that the bargaining council conciliator had no power to dismiss the referral for conciliation in a manner that precluded the employee from pursuing arbitration or adjudication after the statutory period had lapsed. The Labour Relations Act provides that, once 30 days have passed since the referral for conciliation, the employee acquires the right to request arbitration or adjudication, regardless of attendance at the conciliation meeting. The CCMA and bargaining council rules cannot override this statutory right. The second referral and condonation application were unnecessary and incompetent, but the decision to grant condonation did not adversely affect the...

Citation
[2007] ZALAC 16
Parties
Appellant: Premier Gauteng; Appellant: Member of the Executive Council for Social Services and Population Development, Gauteng Provincial Government; Respondent: L Ramabulana N.O.; Respondent: Public Health and Welfare Sector Bargaining Council; Respondent: V Vena; Respondent: NEHAWU
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
21 December 2007
Case Number
JA 62/05
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with no order as to costs.
Judges
Zondo JP, Jappie JA, Leeuw JA
Legal Topics
Unfair Dismissal, Condonation, Collective Agreement, Jurisdiction of Bargaining Council, Review of Arbitration Ruling
Labour Law Civil Procedure Unfair Dismissal Condonation Collective Agreement Jurisdiction of Bargaining Council Review of Arbitration Ruling

Case Brief

Summary, issues, holding and outcome

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Parties

Premier Gauteng

Appellant

Member of the Executive Council for Social Services and Population Development, Gauteng Provincial Government

Appellant

L Ramabulana N.O.

Respondent

Public Health and Welfare Sector Bargaining Council

Respondent

V Vena

Respondent

NEHAWU

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether a bargaining council conciliator has the power to dismiss a referral for conciliation due to non-attendance by the referring party.
  2. 2 Whether a second referral for conciliation and condonation application is competent after the first referral was dismissed.
  3. 3 Whether the decision to grant condonation for a late referral adversely affected the employer's rights.

Ratio Decidendi

The Labour Appeal Court held that the bargaining council conciliator had no power to dismiss the referral for conciliation in a manner that precluded the employee from pursuing arbitration or adjudication after the statutory period had lapsed. The Labour Relations Act provides that, once 30 days have passed since the referral for conciliation, the employee acquires the right to request arbitration or adjudication, regardless of attendance at the conciliation meeting. The CCMA and bargaining council rules cannot override this statutory right. The second referral and condonation application were unnecessary and incompetent, but the decision to grant condonation did not adversely affect the...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed.
  • No order as to costs is made in this Court or the Court below.