Public Servants Association and Others v Department of Home Affairs and Others (JR657/2015) [2016] ZALCJHB 102 (15 March 2016)

THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

Case no: JR657/2015

DATE: 15 MARCH 2016

In the matter between:

PUBLIC

SERVANTS ASSOCIATION...........................................................................First Applicant

NATIONAL

UNION OF PUBLIC SERVICE

AND

ALLIED WORKERS.........................................................................................Second Applicant

NATIONAL

EDUCATION HEALTH

AND

ALLIED WORKERS UNION.............................................................................Third Applicant

And

DEPARTMENT

OF HOME AFFAIRS......................................................................First Respondent

GENERAL

PUBLIC SERVICE SECTORAL

BARGAINING COUNCIL......................................................................................Second Respondent

PM

NGAKO N.O........................................................................................................Third Respondent

Decided in chambers

Date: 15 March 2016

JUDGMENT

IN APPLICATION FOR LEAVE TO APPEAL

MYBURGH, AJ

[1] In my judgment in this matter, I set aside a jurisdictional ruling issued by the commissioner in which he found that the dispute in question (over working hours) is not a matter of mutual interest, and consequentially that the bargaining council lacked jurisdiction to conciliate the matter. I also ordered that the bargaining council should enrol the dispute for conciliation by a different commissioner.

[2] The Department of Home Affairs (DHA) (being the first respondent a quo) has brought an application for leave to appeal against the whole of my judgment. Although the DHA’s written submissions in support of its application for leave to appeal were delivered late, and without an application for condonation, I am prepared to consider the application for leave to appeal on its merits.

[3] In its written submissions, the DHA submits that it has reasonable prospects of convincing the Labour Appeal Court (if leave to appeal was granted) that I erred in finding that the dispute constitutes a matter of mutual interest, and thus in reviewing and setting aside the jurisdictional ruling.

[4] The DHA does not raise anything new in its written submissions that is not already dealt with in my judgment on the merits. Having reflected on the matter, I do not believe that the DHA has reasonable prospects of success on appeal. To my mind, the dispute is plainly a dispute of mutual interest, and the commissioner clearly went wrong in finding that the bargaining council had no jurisdiction to entertain it.

[5] In the premises, the following order is made: the application for leave to appeal is dismissed, with costs.

Myburgh, AJ

Acting Judge of the Labour Court of South Africa