Sithole and Others v South African Local Government Bargaining Council and Others (JR1940/12) [2015] ZALCD 36 (12 June 2015)

Sithole and Others v South African Local Government Bargaining Council and Others (JR1940/12) [2015] ZALCD 36 (12 June 2015)

The court found that the applicants failed to prove they were ever appointed or trained as Law Enforcement Officers (LEOs). Their transfer to the breakdown section was consensual and did not result in a material reduction of remuneration, responsibilities, or status that would constitute a demotion. The arbitrator correctly required the applicants to prove their appointment as LEOs and reasonably concluded that they did not discharge this onus. The applicants' reliance on the salary adjustment and the example of Mr Muthaphuli was insufficient, as there was no evidence that they were entitled to be remunerated as LEOs. The arbitration award was therefore reasonable and not reviewable.

Citation
[2015] ZALCD 36
Parties
Applicant: Jackson Sithole and 12 Others; Respondent: South African Local Government Bargaining Council; Respondent: Mmamahlola Gloria Rabyanyana N.O.; Respondent: City of Johannesburg
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
12 June 2015
Case Number
JR1940/12
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with no order as to costs.
Judges
Nkutha-Nkontwana
Legal Topics
Demotion, Review of Arbitration Award, Condonation, Salary Adjustment, Collective Agreement
Labour Law Demotion Review of Arbitration Award Condonation Salary Adjustment Collective Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Jackson Sithole and 12 Others

Applicant

South African Local Government Bargaining Council

Respondent

Mmamahlola Gloria Rabyanyana N.O.

Respondent

City of Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants were demoted by being designated as breakdown drivers instead of Law Enforcement Officers (LEOs).
  2. 2 Whether the arbitrator committed reviewable irregularities in her findings regarding the applicants' status and salary adjustments.
  3. 3 Whether the applicants provided sufficient evidence of appointment and training as LEOs.

Ratio Decidendi

The court found that the applicants failed to prove they were ever appointed or trained as Law Enforcement Officers (LEOs). Their transfer to the breakdown section was consensual and did not result in a material reduction of remuneration, responsibilities, or status that would constitute a demotion. The arbitrator correctly required the applicants to prove their appointment as LEOs and reasonably concluded that they did not discharge this onus. The applicants' reliance on the salary adjustment and the example of Mr Muthaphuli was insufficient, as there was no evidence that they were entitled to be remunerated as LEOs. The arbitration award was therefore reasonable and not reviewable.

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.