Steve Tshwete Local Municipality v South African Local Government Bargaining Council and Others (JR1905/08) [2010] ZALC 108 (16 July 2010)

Steve Tshwete Local Municipality v South African Local Government Bargaining Council and Others (JR1905/08) [2010] ZALC 108 (16 July 2010)

The court found that the commissioner acted reasonably in finalising the arbitration based on common cause facts and written submissions, without requiring oral evidence. The applicant's contention that it was denied an opportunity to present its case was rejected, as there was no evidence that the hearing was incomplete or that the applicant was prevented from making further submissions. The commissioner properly distinguished between jurisdiction and the merits, and his findings on the exclusion of the respondents from the scarce skills allowance were supported by the evidence. The applicant's failure to provide the record of proceedings further undermined its review application. The...

Citation
[2010] ZALC 108
Parties
Applicant: Steve Tshwete Local Municipality; Respondent: South African Local Government Bargaining Council; Respondent: Raymond Hlongwane N.O.; Respondent: SAMWU obo Pitjadi & Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
16 July 2010
Case Number
JR1905/08
Procedural Posture
Review Application / Judgment on Review and Rescission Applications
Outcome
The review and rescission applications are dismissed with costs.
Judges
Molahlehi
Legal Topics
Unfair Labour Practice, Benefits Dispute, Arbitration Review, Rescission Application
Labour Law Civil Procedure Unfair Labour Practice Benefits Dispute Arbitration Review Rescission Application

Case Brief

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Parties

Steve Tshwete Local Municipality

Applicant

South African Local Government Bargaining Council

Respondent

Raymond Hlongwane N.O.

Respondent

SAMWU obo Pitjadi & Others

Respondent

Procedural Posture

Review Application / Judgment on Review and Rescission Applications

Legal Issues

  1. 1 Whether the commissioner afforded the applicant a fair opportunity to present its case on the merits of the dispute.
  2. 2 Whether the commissioner had jurisdiction to entertain the dispute regarding the scarce skills allowance.
  3. 3 Whether the exclusion of the respondents from the scarce skills allowance constituted an unfair labour practice.

Ratio Decidendi

The court found that the commissioner acted reasonably in finalising the arbitration based on common cause facts and written submissions, without requiring oral evidence. The applicant's contention that it was denied an opportunity to present its case was rejected, as there was no evidence that the hearing was incomplete or that the applicant was prevented from making further submissions. The commissioner properly distinguished between jurisdiction and the merits, and his findings on the exclusion of the respondents from the scarce skills allowance were supported by the evidence. The applicant's failure to provide the record of proceedings further undermined its review application. The...

Court Disposition

The review and rescission applications are dismissed with costs.

Orders

  • The applicant’s review application is dismissed.
  • The applicant’s application to review the second respondent’s ruling of rescission is dismissed.