South African Democratic Teachers Union and Another v Education Labour Relations Council and Others (JR 2575/09) [2012] ZALCJHB 155 (6 December 2012)

South African Democratic Teachers Union and Another v Education Labour Relations Council and Others (JR 2575/09) [2012] ZALCJHB 155 (6 December 2012)

The court found that the second applicant did not have a reasonable expectation to be appointed to the higher post following his secondment. The evidence showed that the applicant understood he would need to compete for the post if it was advertised and did not expect automatic promotion. The arbitrator correctly applied the objective test for reasonable expectation and considered all relevant facts and submissions. The employer's prerogative to appoint or promote the most suitable candidate was upheld, and the arbitrator's conclusion that no unfair labour practice occurred was rational and reasonable. The review application failed to establish grounds for interference with the...

Citation
[2012] ZALCJHB 155
Parties
Applicant: South African Democratic Teachers Union; Applicant: Ephraim Eskie Soke; Respondent: Education Labour Relations Council; Respondent: Cawe N.O.; Respondent: Department of Education: Gauteng
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 December 2012
Case Number
JR 2575/09
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed with no order as to costs.
Judges
Molahlehi
Legal Topics
Unfair Labour Practice, Reasonable Expectation, Promotion, Review of Arbitration Award
Labour Law Civil Procedure Unfair Labour Practice Reasonable Expectation Promotion Review of Arbitration Award

Case Brief

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Parties

South African Democratic Teachers Union

Applicant

Ephraim Eskie Soke

Applicant

Education Labour Relations Council

Respondent

Cawe N.O.

Respondent

Department of Education: Gauteng

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the second applicant had a reasonable expectation to be appointed to a higher post following secondment.
  2. 2 Whether the arbitrator failed to consider relevant evidence and apply her mind to the dispute.
  3. 3 Whether the arbitration award is reviewable on grounds of failure to consider compensation for alleged unfairness.

Ratio Decidendi

The court found that the second applicant did not have a reasonable expectation to be appointed to the higher post following his secondment. The evidence showed that the applicant understood he would need to compete for the post if it was advertised and did not expect automatic promotion. The arbitrator correctly applied the objective test for reasonable expectation and considered all relevant facts and submissions. The employer's prerogative to appoint or promote the most suitable candidate was upheld, and the arbitrator's conclusion that no unfair labour practice occurred was rational and reasonable. The review application failed to establish grounds for interference with the...

Court Disposition

Application to review and set aside the arbitration award is dismissed with no order as to costs.

Orders

  • The applicants’ application to review and set aside the arbitration award made under case PSES 497–08/09 GP dated 14 August 2009 is dismissed.
  • No order as to costs.