Telkom SA Ltd v Rajbunsi and Others (DA29/01) [2001] ZALAC 14 (1 January 2001)

Telkom SA Ltd v Rajbunsi and Others (DA29/01) [2001] ZALAC 14 (1 January 2001)

The Labour Appeal Court held that the appellant's conduct in denying the first respondent the higher salary rate was unfair. The first respondent applied for and was appointed to a position that, at the time of advertisement, carried a higher salary rate (C2). The subsequent restructuring and collective agreement did not alter the fact that the position was advertised and filled under the expectation of the higher rate. The arbitrator's finding that the appellant committed an unfair labour practice was justified, as fairness required that the first respondent be remunerated at the C2 rate. The appellant's arguments regarding the collective agreement and procedural irregularity were...

Citation
[2001] ZALAC 14
Parties
Appellant: Telkom SA Ltd; Respondent: P. Rajbunsi; Respondent: Commissioner A. Deyzel; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 January 2001
Case Number
DA29/01
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award
Outcome
Appeal dismissed; arbitration award upheld.
Judges
Zondo JP, Davis AJA, Du Plessis AJA
Legal Topics
Unfair Labour Practice, Promotion, Collective Agreement Interpretation, Arbitration Review, Salary Dispute
Labour Law Unfair Labour Practice Promotion Collective Agreement Interpretation Arbitration Review Salary Dispute

Case Brief

Summary, issues, holding and outcome

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Parties

Telkom SA Ltd

Appellant

P. Rajbunsi

Respondent

Commissioner A. Deyzel

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award

Legal Issues

  1. 1 Whether the appellant's conduct in denying the first respondent the higher salary rate constituted an unfair labour practice.
  2. 2 Whether the arbitration award was justifiable and free from gross irregularity.
  3. 3 Whether the collective agreement required retention of salary and benefits for employees appointed to higher graded positions after restructuring.

Ratio Decidendi

The Labour Appeal Court held that the appellant's conduct in denying the first respondent the higher salary rate was unfair. The first respondent applied for and was appointed to a position that, at the time of advertisement, carried a higher salary rate (C2). The subsequent restructuring and collective agreement did not alter the fact that the position was advertised and filled under the expectation of the higher rate. The arbitrator's finding that the appellant committed an unfair labour practice was justified, as fairness required that the first respondent be remunerated at the C2 rate. The appellant's arguments regarding the collective agreement and procedural irregularity were...

Court Disposition

Appeal dismissed; arbitration award upheld.

Orders

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