Ratlou Local Municipality v South African Local Government Bargaining Council (SALGBC) (JR751/2015) [2018] ZALCJHB 210 (20 June 2018)

Ratlou Local Municipality v South African Local Government Bargaining Council (SALGBC) (JR751/2015) [2018] ZALCJHB 210 (20 June 2018)

The court found that the applicant failed to make out a proper case for review, as the grounds raised were vague, unsubstantiated, and did not challenge the reasonableness of the arbitrator's findings. The arbitrator correctly found that the dismissal was both procedurally and substantively unfair, as the employee was not afforded an opportunity to make representations prior to dismissal, and the evidence did not support abscondment. The review application was dismissed, and the arbitration award was made an order of court. The court further held that costs should be awarded against the applicant, as the litigation was meritless and compelled the third respondent to oppose unnecessarily.

Citation
[2018] ZALCJHB 210
Parties
Applicant: Ratlou Local Municipality; Respondent: South African Local Government Bargaining Council (SALGBC); Respondent: S Modiba N.O; Respondent: SAMWU obo Papie Chase
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 June 2018
Case Number
JR751/2015
Procedural Posture
Review Application / Judgment on Review and Section 158(1)(c) Application
Outcome
Review application dismissed with costs; arbitration award made an order of court.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Costs in Labour Matters
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Procedural Fairness Substantive Fairness Costs in Labour Matters

Case Brief

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Parties

Ratlou Local Municipality

Applicant

South African Local Government Bargaining Council (SALGBC)

Respondent

S Modiba N.O

Respondent

SAMWU obo Papie Chase

Respondent

Procedural Posture

Review Application / Judgment on Review and Section 158(1)(c) Application

Legal Issues

  1. 1 Whether the arbitrator's finding that the dismissal was unfair is reviewable and should be set aside.
  2. 2 Whether the employee's dismissal was substantively and procedurally fair.
  3. 3 Whether the arbitration award should be made an order of court under section 158(1)(c) of the LRA.

Ratio Decidendi

The court found that the applicant failed to make out a proper case for review, as the grounds raised were vague, unsubstantiated, and did not challenge the reasonableness of the arbitrator's findings. The arbitrator correctly found that the dismissal was both procedurally and substantively unfair, as the employee was not afforded an opportunity to make representations prior to dismissal, and the evidence did not support abscondment. The review application was dismissed, and the arbitration award was made an order of court. The court further held that costs should be awarded against the applicant, as the litigation was meritless and compelled the third respondent to oppose unnecessarily.

Court Disposition

Review application dismissed with costs; arbitration award made an order of court.

Orders

  • The application for review is dismissed with costs.
  • The arbitration award issued on 23 March 2015 under case number NWD 111403 is made an order of Court.