City of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR1706/17) [2021] ZALCJHB 390 (19 October 2021)

City of Tshwane Metropolitan Municipality v South African Local Government Bargaining Council and Others (JR1706/17) [2021] ZALCJHB 390 (19 October 2021)

The court found that the arbitrator did not commit a reviewable irregularity in refusing the postponement, as the applicant failed to provide medical certificates for its absent witnesses and the arbitrator exercised his discretion judicially. The arbitrator's finding that the employee had applied for the position was reasonable, given the evidence before him. However, the arbitrator erred in calculating compensation based on the employee's salary as at April 2017 rather than August 2014, which constituted a material error of law and misconduct. Consequently, the award of compensation was set aside and the matter remitted for proper computation by a different arbitrator.

Citation
[2021] ZALCJHB 390
Parties
Applicant: City of Tshwane Metropolitan Municipality; Respondent: South African Local Government Bargaining Council; Respondent: Magale Lazarus Matlala N.O.; Respondent: IMATU obo Mirriam Mhlongo
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2021
Case Number
JR1706/17
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Review application granted in part; arbitration award set aside and matter remitted for computation of compensation by a different arbitrator.
Judges
D Mahosi
Legal Topics
Unfair Labour Practice, Review of Arbitration Award, Condonation, Compensation Calculation
Labour Law Civil Procedure Unfair Labour Practice Review of Arbitration Award Condonation Compensation Calculation

Case Brief

Summary, issues, holding and outcome

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Parties

City of Tshwane Metropolitan Municipality

Applicant

South African Local Government Bargaining Council

Respondent

Magale Lazarus Matlala N.O.

Respondent

IMATU obo Mirriam Mhlongo

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the arbitrator committed gross irregularities or misconduct in the arbitration proceedings.
  2. 2 Whether the arbitrator erred in refusing the applicant's postponement request due to absent witnesses.
  3. 3 Whether the arbitrator failed to properly consider evidence regarding the employee's application for the advertised position.

Ratio Decidendi

The court found that the arbitrator did not commit a reviewable irregularity in refusing the postponement, as the applicant failed to provide medical certificates for its absent witnesses and the arbitrator exercised his discretion judicially. The arbitrator's finding that the employee had applied for the position was reasonable, given the evidence before him. However, the arbitrator erred in calculating compensation based on the employee's salary as at April 2017 rather than August 2014, which constituted a material error of law and misconduct. Consequently, the award of compensation was set aside and the matter remitted for proper computation by a different arbitrator.

Court Disposition

Review application granted in part; arbitration award set aside and matter remitted for computation of compensation by a different arbitrator.

Orders

  • Condonation for the late filing of the review application is granted.
  • The arbitration award issued under case PMD101417 dated 11 May 2017 is reviewed and set aside.