South African Police Services v Safety and Security Sectorial Bargaining Council and Others (P377\03) [2008] ZALC 7; (2008) 30 ILJ 1552 (LC) (7 February 2008)

South African Police Services v Safety and Security Sectorial Bargaining Council and Others (P377\03) [2008] ZALC 7; (2008) 30 ILJ 1552 (LC) (7 February 2008)

The court found that the arbitrator failed to keep a proper record of the proceedings, which is a sufficient ground for review. Furthermore, the arbitrator's conclusion that the applicant's conduct was unfair due to the alleged failure to remove Director Nevling from the panel was unreasonable and not supported by the evidence. The third respondent did not seek the recusal of Director Nevling, and there was no substantive unfairness in the process. The arbitrator exceeded his powers by ordering promotion without finding that the third respondent was the best candidate. The appropriate remedy was to remit the dispute for fresh consideration by a different arbitrator.

Citation
[2008] ZALC 7
Parties
Applicant: South African Police Service; Respondent: Safety and Security Sectorial Bargaining Council; Respondent: Luvuyo Bono; Respondent: NJ Oerson
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 February 2008
Case Number
P377\03
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The dispute is remitted to the bargaining council for fresh arbitration before a different arbitrator.
Judges
G N Moshoana
Legal Topics
Review of Arbitration Award, Unfair Labour Practice, Promotion Dispute, Remittal to Arbitrator
Labour Law Civil Procedure Review of Arbitration Award Unfair Labour Practice Promotion Dispute Remittal to Arbitrator

Case Brief

Summary, issues, holding and outcome

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Parties

South African Police Service

Applicant

Safety and Security Sectorial Bargaining Council

Respondent

Luvuyo Bono

Respondent

NJ Oerson

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award was reasonable in light of the evidence presented.
  2. 2 Whether the arbitrator exceeded his powers by ordering promotion of the third respondent.
  3. 3 Whether the failure to keep a proper record of proceedings invalidates the award.

Ratio Decidendi

The court found that the arbitrator failed to keep a proper record of the proceedings, which is a sufficient ground for review. Furthermore, the arbitrator's conclusion that the applicant's conduct was unfair due to the alleged failure to remove Director Nevling from the panel was unreasonable and not supported by the evidence. The third respondent did not seek the recusal of Director Nevling, and there was no substantive unfairness in the process. The arbitrator exceeded his powers by ordering promotion without finding that the third respondent was the best candidate. The appropriate remedy was to remit the dispute for fresh consideration by a different arbitrator.

Court Disposition

The arbitration award is reviewed and set aside. The dispute is remitted to the bargaining council for fresh arbitration before a different arbitrator.

Orders

  • The award issued by the Second Respondent on 07 July 2003 is reviewed and set aside.
  • The dispute is remitted to the First Respondent to be considered afresh by another arbitrator other than the Second Respondent.