South African Social Security Agency v CCMA and Others (D273/14) [2016] ZALCD 5 (12 April 2016)

South African Social Security Agency v CCMA and Others (D273/14) [2016] ZALCD 5 (12 April 2016)

The court found that the arbitrator's award was unreasonable because the evidence presented in written submissions did not sufficiently rebut the employer's assertions regarding the requirements for promotion from clerk to officer cadre. The arbitrator was bound to accept the employer's version in the absence of inherent improbability or better evidence. The comparator evidence regarding Ms. Govender was not substantiated. The CCMA had jurisdiction as the dispute related to promotion, but the merits did not support the employee's claim to retrospective promotion to senior administrative officer. SASSA, as the legal successor, was properly joined and liable for obligations, but the...

Citation
[2016] ZALCD 5
Parties
Applicant: South African Social Security Agency; Respondent: CCMA; Respondent: B Pillemer N.O.; Respondent: Public Servants Association obo Dhanabaglam Karikan
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
12 April 2016
Case Number
D273/14
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award issued by the Second Respondent is set aside on review and replaced with an order dismissing the application. No order as to costs.
Judges
Whitcher
Legal Topics
Unfair Labour Practice, Promotion Dispute, Arbitration Review, Jurisdiction of Ccma, Onus of Proof
Labour Law Civil Procedure Unfair Labour Practice Promotion Dispute Arbitration Review Jurisdiction of Ccma Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

South African Social Security Agency

Applicant

CCMA

Respondent

B Pillemer N.O.

Respondent

Public Servants Association obo Dhanabaglam Karikan

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to determine the dispute as an unfair labour practice relating to promotion.
  2. 2 Whether the arbitrator's award was reasonable given the evidence presented solely in written submissions.
  3. 3 Whether the applicant was entitled to promotion to senior administrative officer based on historical facts and comparator evidence.

Ratio Decidendi

The court found that the arbitrator's award was unreasonable because the evidence presented in written submissions did not sufficiently rebut the employer's assertions regarding the requirements for promotion from clerk to officer cadre. The arbitrator was bound to accept the employer's version in the absence of inherent improbability or better evidence. The comparator evidence regarding Ms. Govender was not substantiated. The CCMA had jurisdiction as the dispute related to promotion, but the merits did not support the employee's claim to retrospective promotion to senior administrative officer. SASSA, as the legal successor, was properly joined and liable for obligations, but the...

Court Disposition

The arbitration award issued by the Second Respondent is set aside on review and replaced with an order dismissing the application. No order as to costs.

Orders

  • The arbitration award issued by the Second Respondent is set aside on review.
  • The award is replaced with an order that the application is dismissed.