South African Municipal Workers Union (SAMWU) v Rycroft NO and Others (D 247/07) [2009] ZALC 252 (8 July 2009)

South African Municipal Workers Union (SAMWU) v Rycroft NO and Others (D 247/07) [2009] ZALC 252 (8 July 2009)

The court held that the arbitrator did not misdirect himself or commit a gross irregularity in refusing to order specific performance of the collective agreement. The arbitrator properly exercised his discretion, taking into account considerations of fairness, equality, and the viability of the KZNMPF. The refusal...

Source-derived case information.

Citation
[2009] ZALC 252
Parties
Applicant: South African Municipal Workers Union (SAMWU); Respondent: Professor A J Rycroft N.O; Respondent: South African Local Government Bargaining Council; Respondent: Ethekwini Municipality; Respondent: Independent Municipal and Allied Trade Union (IMATU); Respondent: Kwazulu-Natal Municipal Pension Fund
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
8 July 2009
Case Number
D 247/07
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Bhoola
Legal Topics
Collective Agreements, Specific Performance, Arbitration Review, Discretion of Arbitrator, Equality in Workplace
Labour Law Civil Procedure Collective Agreements Specific Performance Arbitration Review Discretion of Arbitrator Equality in Workplace

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Summary, issues, holding and outcome

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Parties

South African Municipal Workers Union (SAMWU)

Applicant

Professor A J Rycroft N.O

Respondent

South African Local Government Bargaining Council

Respondent

Ethekwini Municipality

Respondent

Independent Municipal and Allied Trade Union (IMATU)

Respondent

Kwazulu-Natal Municipal Pension Fund

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator misdirected himself by refusing to order specific performance of a collective agreement imposing a moratorium on new pension funds.
  2. 2 Whether the arbitrator's refusal to enforce the moratorium constituted a gross irregularity or was unreasonable.
  3. 3 Whether considerations of fairness and equality justified a departure from the collective agreement.

Ratio Decidendi

The court held that the arbitrator did not misdirect himself or commit a gross irregularity in refusing to order specific performance of the collective agreement. The arbitrator properly exercised his discretion, taking into account considerations of fairness, equality, and the viability of the KZNMPF. The refusal to enforce the moratorium was justified by the exceptional circumstances, including the delay in reaching consensus at national level, the absence of a negotiated solution, and the potential inequity to new employees. The arbitrator's award preserved the status quo and was not unreasonable or inappropriate in the context of the evidence and history of the matter. The application...

Court Disposition

Application dismissed with costs.

Orders

  • The application for review is dismissed with costs.