South African National Tuberculosis Association and Another v CCMA and Others (JR510/02) [2005] ZALC 58; (2005) 26 ILJ 1342 (LC); [2005] 10 BLLR 1019 (LC) (9 March 2005)

South African National Tuberculosis Association and Another v CCMA and Others (JR510/02) [2005] ZALC 58; (2005) 26 ILJ 1342 (LC); [2005] 10 BLLR 1019 (LC) (9 March 2005)

The arbitrator misdirected himself by finding that the parties were still bound by an agreement that had lapsed due to its suspensive clause. Even if an obligation existed, the arbitrator exceeded his powers by imposing dates for conclusion and deductions without request, evidence, or argument. Furthermore, the...

Source-derived case information.

Citation
[2005] ZALC 58
Parties
Applicant: South African National Tuberculosis Association; Applicant: East London Tuberculosis Association; Respondent: CCMA; Respondent: Ravuku, M. N.O.; Respondent: National Education and Allied Workers Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 March 2005
Case Number
JR510/02
Procedural Posture
Review Application / Judgment
Outcome
The award made by the arbitrator is set aside.
Judges
E Revelas
Legal Topics
Agency Shop Agreement, Workplace Definition, Arbitration Review, Joinder of Parties
Labour Law Civil Procedure Agency Shop Agreement Workplace Definition Arbitration Review Joinder of Parties

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Summary, issues, holding and outcome

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Parties

South African National Tuberculosis Association

Applicant

East London Tuberculosis Association

Applicant

CCMA

Respondent

Ravuku, M. N.O.

Respondent

National Education and Allied Workers Union

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator was correct in ordering the parties to conclude an agency shop agreement within a specified period.
  2. 2 Whether the arbitrator exceeded his powers by imposing dates for conclusion and deductions without request or evidence.
  3. 3 Whether SANTA and ELTA constitute a single workplace for purposes of section 25 of the Labour Relations Act.

Ratio Decidendi

The arbitrator misdirected himself by finding that the parties were still bound by an agreement that had lapsed due to its suspensive clause. Even if an obligation existed, the arbitrator exceeded his powers by imposing dates for conclusion and deductions without request, evidence, or argument. Furthermore, the evidence showed that ELTA was a separate legal entity and not part of SANTA, thus not bound by any agency shop agreement concluded by SANTA. The arbitrator failed to consider whether SANTA and ELTA constituted a single workplace as required by section 25 of the Labour Relations Act. The award was not based on a rational consideration of the evidence and must be set aside.

Court Disposition

The award made by the arbitrator is set aside.

Orders

  • The award of the arbitrator is set aside.
  • The union is ordered to pay the costs of the second applicant in respect of the joinder application.