Rapoo v Erasmus and Others (JR1922-14, JR 2085-14) [2016] ZALCJHB 303 (25 May 2016)

Rapoo v Erasmus and Others (JR1922-14, JR 2085-14) [2016] ZALCJHB 303 (25 May 2016)

The court found that the arbitrator correctly determined that the bargaining council lacked jurisdiction over the applicant's complaint, as the dispute did not fall within the council's scope. The subsequent rescission application was, in substance, an attempt to review the jurisdictional ruling, which is not the proper procedure. The arbitrator's dismissal of both the jurisdictional and rescission applications was upheld, and the review application was dismissed with costs.

Citation
[2016] ZALCJHB 303
Parties
Applicant: Othusitse H Rapoo; Respondent: Kobus Erasmus; Respondent: SALGBC; Respondent: Rustenburg Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 May 2016
Case Number
JR1922-14, JR 2085-14
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitrator's rulings is dismissed with costs.
Judges
Whitcher
Legal Topics
Jurisdiction of Bargaining Council, Review of Arbitration Award, Collective Agreement Compliance
Labour Law Civil Procedure Jurisdiction of Bargaining Council Review of Arbitration Award Collective Agreement Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Othusitse H Rapoo

Applicant

Kobus Erasmus

Respondent

SALGBC

Respondent

Rustenburg Local Municipality

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the bargaining council had jurisdiction over the applicant's complaint.
  2. 2 Whether the arbitrator's rulings refusing jurisdiction and rescission were reviewable.

Ratio Decidendi

The court found that the arbitrator correctly determined that the bargaining council lacked jurisdiction over the applicant's complaint, as the dispute did not fall within the council's scope. The subsequent rescission application was, in substance, an attempt to review the jurisdictional ruling, which is not the proper procedure. The arbitrator's dismissal of both the jurisdictional and rescission applications was upheld, and the review application was dismissed with costs.

Court Disposition

Application to review and set aside the arbitrator's rulings is dismissed with costs.

Orders

  • The application to review and set aside the rulings (dated 13 June 2014 and 22 July 2014) by the first respondent is dismissed with costs.