SAMWU obo Ndaba v Ekurhuleni Metropolitan Municipality and Others (JR14/15) [2017] ZALCJHB 373 (16 August 2017)

SAMWU obo Ndaba v Ekurhuleni Metropolitan Municipality and Others (JR14/15) [2017] ZALCJHB 373 (16 August 2017)

The court found that the arbitrator's decision to grant condonation and rescission to the municipality was not so unreasonable that no other arbitrator could have reached it. The municipality provided a plausible explanation for its default, and the evidence supported that it was not in wilful default. The union's...

Source-derived case information.

Citation
[2017] ZALCJHB 373
Parties
Applicant: SAMWU obo Bongani Ndaba; Respondent: Ekurhuleni Metropolitan Municipality; Respondent: SALGBC; Respondent: A Kriel N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2017
Case Number
JR14/15
Procedural Posture
Review Application / Judgment on Review of Condonation and Rescission Ruling
Outcome
Application for review dismissed; matter remitted for arbitration before a different panellist; costs order de bonis propriis against applicant's attorney and counsel for the day.
Judges
Steenkamp
Legal Topics
Condonation, Rescission of Arbitration Award, Wilful Default, Good Cause, Disciplinary Procedure, De Bonis Propriis Costs
Labour Law Civil Procedure Condonation Rescission of Arbitration Award Wilful Default Good Cause Disciplinary Procedure De Bonis Propriis Costs

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Parties

SAMWU obo Bongani Ndaba

Applicant

Ekurhuleni Metropolitan Municipality

Respondent

SALGBC

Respondent

A Kriel N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Condonation and Rescission Ruling

Legal Issues

  1. 1 Whether the arbitrator's decision to grant condonation and rescission to the municipality was reviewable.
  2. 2 Whether the municipality was in wilful default for failing to attend the arbitration.
  3. 3 Whether the municipality established good cause for condonation and rescission.

Ratio Decidendi

The court found that the arbitrator's decision to grant condonation and rescission to the municipality was not so unreasonable that no other arbitrator could have reached it. The municipality provided a plausible explanation for its default, and the evidence supported that it was not in wilful default. The union's answering affidavit did not materially challenge the municipality's version. The arbitrator exercised discretion reasonably, and the award was not open to review. The court also found that the union's legal representatives acted unprofessionally by appearing unprepared and without pleadings, justifying a personal costs order against them for the day of the hearing.

Court Disposition

Application for review dismissed; matter remitted for arbitration before a different panellist; costs order de bonis propriis against applicant's attorney and counsel for the day.

Orders

  • The application for review is dismissed.
  • The matter is remitted to the South African Local Government Bargaining Council for arbitration on the merits before a panellist other than the third respondent.