South Africa Case Law

Phera v Education Labour Relations Council and Others (JA 81/10)

Phera v Education Labour Relations Council and Others (JA 81/10) [2012] ZALAC 18; [2012] 11 BLLR 1137 (LAC); (2012) 33 ILJ 2839 (LAC) (22 June 2012)

Court

Labour Appeal Court

Case number

JA 81/10

Judges

Tlaletsi, Landman, Ndlovu

The Labour Appeal Court held that no employment relationship arose because the appellant started work without required written permission, so the Bargaining Council lacked jurisdiction.

• Employment Relationship
• Jurisdiction Of Bargaining Council
• Unfair Labour Practice
• Conditional Offer Of Employment
• Waiver And Estoppel
• Employment-relationship

Phera v Education Labour Relations Council and Others (JR 568/09)

Phera v Education Labour Relations Council and Others (JR 568/09) [2009] ZALC 99; (2010) 31 ILJ 992 (LC) (22 September 2009)

Court

Labour Court

Case number

JR 568/09

Judge

Nyathela

The court found that the arbitrator correctly dealt with the jurisdictional issue, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's employment was conditional upon written approval from the third respondent, which was not granted. Therefore, the applicant was not an employee, and the ELRC lacked jurisdiction. The arbitrator's decision was reasonable given the facts and applicable law. The other grounds for review were irrelevant as they pertained to the merits, which could only be considered if jurisdiction existed.

Source excerpt

• Jurisdiction Of Elrc
• Employment Relationship
• Conditional Offer Of Employment
• Review Of Arbitration Award

Phera v Education Labour Relations Council and Others (JR568/09)

Phera v Education Labour Relations Council and Others (JR568/09) [2009] ZALCJHB 47 (22 September 2009)

Court

Labour Court Johannesburg

Case number

JR568/09

Judge

Nyathela

The court held that the arbitrator was correct to address the jurisdictional issue first, as the existence of an employment relationship is a prerequisite for the ELRC's jurisdiction. The applicant's appointment was conditional upon written approval from the third respondent, which was not granted. Therefore, the applicant was not an employee, and the ELRC lacked jurisdiction. The arbitrator's decision was reasonable given the facts and applicable law. The other grounds for review were irrelevant as the jurisdictional finding was dispositive.

Source excerpt

• Jurisdiction Of Elrc
• Conditional Offer Of Employment
• Unfair Labour Practice
• Review Of Arbitration Award