SAMWU obo Manaka v Mabusela NO and Others (JR1197/15) [2018] ZALCJHB 232 (26 June 2018)

SAMWU obo Manaka v Mabusela NO and Others (JR1197/15) [2018] ZALCJHB 232 (26 June 2018)

The court found that the applicant failed to establish that he met the advertised requirement of eight years' experience at a senior managerial level. The arbitrator required formal proof of such experience, which was not provided. The evidence from the third respondent was clear and unchallenged that the applicant...

Source-derived case information.

Citation
[2018] ZALCJHB 232
Parties
Applicant: SAMWU obo W Manaka; Respondent: T.L. Mabusela N.O.; Respondent: South African Local Government Bargaining Council; Respondent: City of Tshwane Metropolitan Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 June 2018
Case Number
JR1197/15
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Unfair Labour Practice, Promotion Dispute, Review of Arbitration Award, Staffing Policy Interpretation
Labour Law Unfair Labour Practice Promotion Dispute Review of Arbitration Award Staffing Policy Interpretation

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Parties

SAMWU obo W Manaka

Applicant

T.L. Mabusela N.O.

Respondent

South African Local Government Bargaining Council

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant met the advertised requirement of eight years' experience at a senior managerial level.
  2. 2 Whether the failure to shortlist the applicant constituted an unfair labour practice relating to promotion.
  3. 3 Whether the arbitrator's award was unreasonable and reviewable.

Ratio Decidendi

The court found that the applicant failed to establish that he met the advertised requirement of eight years' experience at a senior managerial level. The arbitrator required formal proof of such experience, which was not provided. The evidence from the third respondent was clear and unchallenged that the applicant did not possess the requisite experience, and his appointment as superintendent in 2012 was to a junior management position. The applicant's own definition of senior managerial experience was not aligned with the formal requirements. The arbitrator's award was not so unreasonable that no reasonable decision-maker could have reached it. The application for review was therefore...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.