Primeserve Staff Dynamix (Pty) Ltd v Bulbring NO and Others (C160/09) [2010] ZALC 23 (5 February 2010)

Primeserve Staff Dynamix (Pty) Ltd v Bulbring NO and Others (C160/09) [2010] ZALC 23 (5 February 2010)

The court held that the arbitrator's award of compensation was within her discretion and statutory limits, and that the factors she considered—length of service (including prior service with USABCO and SLH), the applicant's status as a large company, the substantively unfair nature of the dismissal, and the denial of reinstatement—were all relevant and supported by evidence. The applicant's argument that only service with the applicant should be considered was rejected, as the law provides for continuity of service in labour broker transfers under Section 197(2) of the LRA. The reviewing court's role is not to substitute its own view or 'price' the compensation, but to evaluate whether...

Citation
[2010] ZALC 23
Parties
Applicant: Primeserve Staff Dynamix (Pty) Ltd; Respondent: Ursula Bulbring N.O; Respondent: MIBCO; Respondent: Mercia Christians; Respondent: Brian Christians; Respondent: Alec Arendse
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 February 2010
Case Number
C160/09
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with no order as to costs.
Judges
G N Moshoana
Legal Topics
Unfair Dismissal, Compensation Award, Review of Arbitration, Section 197 Transfer, Discretion of Arbitrator
Labour Law Unfair Dismissal Compensation Award Review of Arbitration Section 197 Transfer Discretion of Arbitrator

Case Brief

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Parties

Primeserve Staff Dynamix (Pty) Ltd

Applicant

Ursula Bulbring N.O

Respondent

MIBCO

Respondent

Mercia Christians

Respondent

Brian Christians

Respondent

Alec Arendse

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award of compensation for substantively unfair dismissal was justifiable and reviewable.
  2. 2 Whether the arbitrator correctly considered the length of service and other relevant factors in determining compensation.
  3. 3 Whether the discretion exercised by the arbitrator was based on proper principles and substantial reasons.

Ratio Decidendi

The court held that the arbitrator's award of compensation was within her discretion and statutory limits, and that the factors she considered—length of service (including prior service with USABCO and SLH), the applicant's status as a large company, the substantively unfair nature of the dismissal, and the denial of reinstatement—were all relevant and supported by evidence. The applicant's argument that only service with the applicant should be considered was rejected, as the law provides for continuity of service in labour broker transfers under Section 197(2) of the LRA. The reviewing court's role is not to substitute its own view or 'price' the compensation, but to evaluate whether...

Court Disposition

Application for review dismissed with no order as to costs.

Orders

  • The application for review is dismissed.
  • No order as to costs.