Transnet SOC Limited v UNTU obo Coetzee and Others (JR257/19) [2021] ZALCJHB 240; (2021) 42 ILJ 2478 (LC) (16 August 2021)

Transnet SOC Limited v UNTU obo Coetzee and Others (JR257/19) [2021] ZALCJHB 240; (2021) 42 ILJ 2478 (LC) (16 August 2021)

The court found that the commissioner did not misconceive the nature of the unfair labour practice enquiry nor did he arrive at an unreasonable result. The evidence demonstrated that Transnet manipulated the requirements for the Track Inspector position to favour certain candidates and relied on fraudulent documentation. The Employment Equity criteria applied were not legitimate or in accordance with statutory requirements, and the selection process was manifestly unfair. The commissioner was entitled to set aside the appointments and order a fair process. The review application was dismissed as the award was not defective or open to review under the Labour Relations Act.

Citation
[2021] ZALCJHB 240
Parties
Applicant: Transnet SOC Limited; Respondent: UNTU obo Johan Coetzee; Respondent: AG Sjolund NO; Respondent: Transnet Bargaining Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2021
Case Number
JR257/19
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed.
Judges
A Redding
Legal Topics
Unfair Labour Practice, Promotion Dispute, Employment Equity, Review of Arbitration Award
Labour Law Unfair Labour Practice Promotion Dispute Employment Equity Review of Arbitration Award

Case Brief

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Parties

Transnet SOC Limited

Applicant

UNTU obo Johan Coetzee

Respondent

AG Sjolund NO

Respondent

Transnet Bargaining Council

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner misconceived the nature of the unfair labour practice enquiry or arrived at an unreasonable result.
  2. 2 Whether the promotion process conducted by Transnet was unfair and constituted an unfair labour practice.
  3. 3 Whether the application of Employment Equity criteria was legitimate and in accordance with statutory requirements.

Ratio Decidendi

The court found that the commissioner did not misconceive the nature of the unfair labour practice enquiry nor did he arrive at an unreasonable result. The evidence demonstrated that Transnet manipulated the requirements for the Track Inspector position to favour certain candidates and relied on fraudulent documentation. The Employment Equity criteria applied were not legitimate or in accordance with statutory requirements, and the selection process was manifestly unfair. The commissioner was entitled to set aside the appointments and order a fair process. The review application was dismissed as the award was not defective or open to review under the Labour Relations Act.

Court Disposition

Application for review dismissed.

Orders

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