Twala and Others v Gauteng Department of Community Safety and Others (JR865/14) [2016] ZALCJHB 333 (24 August 2016)

Twala and Others v Gauteng Department of Community Safety and Others (JR865/14) [2016] ZALCJHB 333 (24 August 2016)

The court found that although the applicants proved the process was flawed and irregular, they failed to present evidence that they were entitled to be appointed above other candidates. The commissioner exercised her discretion properly and in accordance with legal principles. The arbitration award was reasonable, and there is no reasonable prospect that the Labour Appeal Court would reach a different conclusion. Accordingly, leave to appeal is refused.

Citation
[2016] ZALCJHB 333
Parties
Applicant: Twala Patrick; Applicant: Machitje Tutu Piet; Applicant: Vundla Alfred Zwelithini; Respondent: Gauteng Department of Community Safety; Respondent: Commissioner L Dreyer N.O.; Respondent: General Public Service Sector Bargaining Council
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 August 2016
Case Number
JR865/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal refused.
Judges
Golden
Legal Topics
Review of Arbitration Award, Promotion Dispute, Leave to Appeal, Reasonable Prospect of Success
Labour Law Civil Procedure Review of Arbitration Award Promotion Dispute Leave to Appeal Reasonable Prospect of Success

Case Brief

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Parties

Twala Patrick

Applicant

Machitje Tutu Piet

Applicant

Vundla Alfred Zwelithini

Applicant

Gauteng Department of Community Safety

Respondent

Commissioner L Dreyer N.O.

Respondent

General Public Service Sector Bargaining Council

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether there is a reasonable prospect that the Labour Appeal Court would reach a different conclusion on the review of the arbitration award.
  2. 2 Whether the commissioner exercised her discretion properly in not promoting the applicants.
  3. 3 Whether the arbitration award was reasonable given the evidence presented.

Ratio Decidendi

The court found that although the applicants proved the process was flawed and irregular, they failed to present evidence that they were entitled to be appointed above other candidates. The commissioner exercised her discretion properly and in accordance with legal principles. The arbitration award was reasonable, and there is no reasonable prospect that the Labour Appeal Court would reach a different conclusion. Accordingly, leave to appeal is refused.

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal is refused.