Pretorius v G4S Secure Solutions (SA) (Pty) Ltd and Others (JR2498/13) [2015] ZALCJHB 414 (24 November 2015)

Pretorius v G4S Secure Solutions (SA) (Pty) Ltd and Others (JR2498/13) [2015] ZALCJHB 414 (24 November 2015)

The arbitrator failed to consider whether the applicant's redeployment and salary reduction constituted a demotion or deprivation of a benefit under section 186(2)(a) of the LRA. The arbitrator disregarded binding authority from the Labour Appeal Court, misconceived the nature of the enquiry, and did not address the central legal issues. This led to an unreasonable result. The CCMA has jurisdiction over unfair labour practice claims involving demotion and benefits. The award must be reviewed and set aside, and the dispute remitted for rehearing before a different commissioner.

Citation
[2015] ZALCJHB 414
Parties
Applicant: Micheline Pretorius; Respondent: G4S Secure Solutions (SA) (Pty) Ltd; Respondent: Themba Hlatswayo; Respondent: CCMA
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 November 2015
Case Number
JR2498/13
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The dispute is remitted to the CCMA for rehearing before a different commissioner. No order as to costs.
Judges
Steenkamp
Legal Topics
Unfair Labour Practice, Demotion, Provision of Benefits, Remuneration, Arbitration Review, Jurisdiction of Ccma
Labour Law Civil Procedure Unfair Labour Practice Demotion Provision of Benefits Remuneration Arbitration Review Jurisdiction of Ccma

Case Brief

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Parties

Micheline Pretorius

Applicant

G4S Secure Solutions (SA) (Pty) Ltd

Respondent

Themba Hlatswayo

Respondent

CCMA

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the redeployment and reduction in salary of the applicant constituted a demotion under section 186(2)(a) of the LRA.
  2. 2 Whether the deprivation of the Rand Refinery allowance constituted the loss of a benefit as envisaged by section 186(2)(a) of the LRA.
  3. 3 Whether the arbitrator's award was reasonable and addressed the correct legal questions.

Ratio Decidendi

The arbitrator failed to consider whether the applicant's redeployment and salary reduction constituted a demotion or deprivation of a benefit under section 186(2)(a) of the LRA. The arbitrator disregarded binding authority from the Labour Appeal Court, misconceived the nature of the enquiry, and did not address the central legal issues. This led to an unreasonable result. The CCMA has jurisdiction over unfair labour practice claims involving demotion and benefits. The award must be reviewed and set aside, and the dispute remitted for rehearing before a different commissioner.

Court Disposition

The arbitration award is reviewed and set aside. The dispute is remitted to the CCMA for rehearing before a different commissioner. No order as to costs.

Orders

  • The arbitration award of 11 November 2013 under case number GAJB 12834-13 is reviewed and set aside.
  • The unfair labour practice dispute is remitted to the CCMA for a new arbitration before a commissioner other than the second respondent.