Thandile v ELRC and Others (JR1089/16) [2021] ZALCJHB 226 (11 August 2021)

Thandile v ELRC and Others (JR1089/16) [2021] ZALCJHB 226 (11 August 2021)

The Court found that the arbitration award was reasonable and within the bounds of reasonableness. The applicant had no protected right to promotion, only a right to compete. Alleged irregularities in the shortlisting and interview process did not prejudice the applicant, as he was shortlisted and interviewed. The constitution of the interview panel and the presence of non-panel employees did not amount to unfair conduct, especially since the applicant did not object at the time. The issue of unsigned score sheets was not a statutory requirement, and speculation about score changes was reasonably rejected. The refusal to allow the applicant's wife to testify was not substantiated and her...

Citation
[2021] ZALCJHB 226
Parties
Applicant: Makibeni Thandile; Respondent: ELRC; Respondent: Samuel Baron N.O.; Respondent: Head of Department of Education Eastern Cape; Respondent: Ntombomzi Nyamatana
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 August 2021
Case Number
JR1089/16
Procedural Posture
Review Application / Judgment on Opposed Review Application
Outcome
Application for review dismissed; no order as to costs.
Judges
Moshoana
Legal Topics
Unfair Labour Practice, Promotion Dispute, Review of Arbitration Award, Procedural Irregularity, Practice Manual Compliance
Labour Law Unfair Labour Practice Promotion Dispute Review of Arbitration Award Procedural Irregularity Practice Manual Compliance

Case Brief

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Parties

Makibeni Thandile

Applicant

ELRC

Respondent

Samuel Baron N.O.

Respondent

Head of Department of Education Eastern Cape

Respondent

Ntombomzi Nyamatana

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review Application

Legal Issues

  1. 1 Whether the arbitration award finding no unfair labour practice in relation to promotion was reasonable.
  2. 2 Whether procedural irregularities in the interview and arbitration process rendered the award reviewable.
  3. 3 Whether the record before the Labour Court was sufficiently complete to adjudicate the review.

Ratio Decidendi

The Court found that the arbitration award was reasonable and within the bounds of reasonableness. The applicant had no protected right to promotion, only a right to compete. Alleged irregularities in the shortlisting and interview process did not prejudice the applicant, as he was shortlisted and interviewed. The constitution of the interview panel and the presence of non-panel employees did not amount to unfair conduct, especially since the applicant did not object at the time. The issue of unsigned score sheets was not a statutory requirement, and speculation about score changes was reasonably rejected. The refusal to allow the applicant's wife to testify was not substantiated and her...

Court Disposition

Application for review dismissed; no order as to costs.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.