Public Servants Association v South African Revenue Services [2018] ZAGPJHC 416 (22 June 2018)

Public Servants Association v South African Revenue Services [2018] ZAGPJHC 416 (22 June 2018)

The court held that NEHAWU does not have a direct and substantial interest in the Category B disputes, as it has not referred any such disputes for arbitration. The relevant parties to the arbitration are the applicant and the respondent. The respondent's request for documents does not bar the referral to arbitration; the arbitrator can determine the necessity of such documents. The application is properly brought under section 12 of the Arbitration Act, and the applicant has made out a case for the relief sought. The point in limine regarding non-joinder is dismissed, and the respondent is ordered to cooperate in the appointment of an arbitrator. If consensus is not reached within ten...

Citation
[2018] ZAGPJHC 416
Parties
Applicant: Public Servants Association; Respondent: South African Revenue Services
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 June 2018
Case Number
29168/17
Procedural Posture
Urgent Application / Application for Appointment of Arbitrator Under Section 12(2) of the Arbitration Act
Outcome
Application granted. The point in limine is dismissed. The respondent is ordered to cooperate in the appointment of an arbitrator and to pay the costs of the application.
Judges
Carelse
Legal Topics
Arbitration Agreement, Collective Agreement, Joinder, Appointment of Arbitrator, Costs Order
Labour Law Civil Procedure Arbitration Agreement Collective Agreement Joinder Appointment of Arbitrator Costs Order

Case Brief

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Parties

Public Servants Association

Applicant

South African Revenue Services

Respondent

Procedural Posture

Urgent Application / Application for Appointment of Arbitrator Under Section 12(2) of the Arbitration Act

Legal Issues

  1. 1 Whether NEHAWU is a necessary party to the arbitration and should have been joined to the proceedings.
  2. 2 Whether the applicant is entitled to an order directing the appointment of an arbitrator under section 12(2) of the Arbitration Act.
  3. 3 Whether the respondent's request for documents is a bar to the referral to arbitration.

Ratio Decidendi

The court held that NEHAWU does not have a direct and substantial interest in the Category B disputes, as it has not referred any such disputes for arbitration. The relevant parties to the arbitration are the applicant and the respondent. The respondent's request for documents does not bar the referral to arbitration; the arbitrator can determine the necessity of such documents. The application is properly brought under section 12 of the Arbitration Act, and the applicant has made out a case for the relief sought. The point in limine regarding non-joinder is dismissed, and the respondent is ordered to cooperate in the appointment of an arbitrator. If consensus is not reached within ten...

Court Disposition

Application granted. The point in limine is dismissed. The respondent is ordered to cooperate in the appointment of an arbitrator and to pay the costs of the application.

Orders

  • The point in limine regarding non-joinder is dismissed.
  • The parties are directed to agree on the identification and appointment of a suitable arbitrator to arbitrate Category B disputes in relation to the Hay Job Evaluation system as referred to in the 20 June 2002 collective agreement.