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

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

The court found that the dispute over working hours is plainly a matter of mutual interest and that the commissioner erred in finding that the bargaining council lacked jurisdiction to entertain it. The Department of Home Affairs did not raise any new arguments in its application for leave to appeal that were not already addressed in the judgment on the merits. Upon reflection, the court concluded that there are no reasonable prospects of success on appeal and dismissed the application for leave to appeal with costs.

Citation
[2016] ZALCJHB 102
Parties
Applicant: Public Servants Association; Applicant: National Union of Public Service and Allied Workers; Applicant: National Education Health and Allied Workers Union; Respondent: Department of Home Affairs; Respondent: General Public Service Sectoral Bargaining Council; Respondent: PM Ngako N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 March 2016
Case Number
JR657/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Setting Aside Jurisdictional Ruling
Outcome
Application for leave to appeal dismissed with costs.
Judges
Myburgh
Legal Topics
Jurisdiction of Bargaining Council, Mutual Interest Dispute, Conciliation Procedure
Labour Law Civil Procedure Jurisdiction of Bargaining Council Mutual Interest Dispute Conciliation Procedure

Case Brief

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Parties

Public Servants Association

Applicant

National Union of Public Service and Allied Workers

Applicant

National Education Health and Allied Workers Union

Applicant

Department of Home Affairs

Respondent

General Public Service Sectoral Bargaining Council

Respondent

PM Ngako N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Setting Aside Jurisdictional Ruling

Legal Issues

  1. 1 Whether the dispute over working hours constitutes a matter of mutual interest within the meaning of the Labour Relations Act.
  2. 2 Whether the bargaining council had jurisdiction to conciliate the dispute.
  3. 3 Whether there are reasonable prospects of success on appeal against the judgment setting aside the jurisdictional ruling.

Ratio Decidendi

The court found that the dispute over working hours is plainly a matter of mutual interest and that the commissioner erred in finding that the bargaining council lacked jurisdiction to entertain it. The Department of Home Affairs did not raise any new arguments in its application for leave to appeal that were not already addressed in the judgment on the merits. Upon reflection, the court concluded that there are no reasonable prospects of success on appeal and dismissed the application for leave to appeal with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The Department of Home Affairs is ordered to pay the costs.