SACCAWU and Others v Pick 'n Pay Retailers (Pty) Ltd and Others (J922/2011) [2011] ZALCJHB 67; [2012] 1 BLLR 71 (LC); (2012) 33 ILJ 279 (LC) (16 August 2011)

SACCAWU and Others v Pick 'n Pay Retailers (Pty) Ltd and Others (J922/2011) [2011] ZALCJHB 67; [2012] 1 BLLR 71 (LC); (2012) 33 ILJ 279 (LC) (16 August 2011)

The court found that the arbitrator did not commit a gross irregularity by failing to determine the validity of the cancellation of the 2001 formula agreement independently. The arbitrator's award, particularly paragraph 42, amounted to a rejection of the applicants' contention that the formula agreement was not capable of unilateral termination. The arbitrator construed the 2001 formula agreement as subordinate and supplementary to the F&M agreement, and thus analysed the two agreements together. The determination that the F&M agreement was lawfully terminated encompassed the supplementary agreements, including the 2001 formula agreement. The court held that whether the arbitrator's...

Citation
[2011] ZALCJHB 67
Parties
Applicant: SACCAWU; Applicant: Members of First Applicant employed by First & Second Respondents; Respondent: Pick 'n Pay Retailers (Pty) Ltd; Respondent: Pick 'n Pay Butcheries (Pty) Ltd; Respondent: Redding, A.I.S, N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2011
Case Number
J922/2011
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Arbitration Review, Gross Irregularity, Collective Agreement Termination, Duration Clauses, Costs Award
Labour Law Civil Procedure Arbitration Review Gross Irregularity Collective Agreement Termination Duration Clauses Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

SACCAWU

Applicant

Members of First Applicant employed by First & Second Respondents

Applicant

Pick 'n Pay Retailers (Pty) Ltd

Respondent

Pick 'n Pay Butcheries (Pty) Ltd

Respondent

Redding, A.I.S, N.O

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by failing to determine independently the validity of the cancellation of the 2001 formula agreement.
  2. 2 Whether the F&M agreement and the 2001 formula agreement could be lawfully terminated unilaterally by the respondents.
  3. 3 Whether the arbitrator's award encompassed a determination of the 2001 formula agreement issue.

Ratio Decidendi

The court found that the arbitrator did not commit a gross irregularity by failing to determine the validity of the cancellation of the 2001 formula agreement independently. The arbitrator's award, particularly paragraph 42, amounted to a rejection of the applicants' contention that the formula agreement was not capable of unilateral termination. The arbitrator construed the 2001 formula agreement as subordinate and supplementary to the F&M agreement, and thus analysed the two agreements together. The determination that the F&M agreement was lawfully terminated encompassed the supplementary agreements, including the 2001 formula agreement. The court held that whether the arbitrator's...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no order as to costs.