South Africa Case Law

Herbert v Head Education - Western Cape Education and Others (CA3/2021)

Herbert v Head Education - Western Cape Education and Others (CA3/2021) [2022] ZALAC 9; (2022) 43 ILJ 1618 (LAC); [2022] 8 BLLR 712 (LAC) (10 March 2022)

Court

Labour Appeal Court

Case number

CA3/2021

Judges

Coppin JA, Savage AJA, Tokota AJA

The Labour Appeal Court held that a psychometrist’s pre-registration experience did not count as “relevant experience” for grade 3 translation under the OSD agreement.

• Collective Agreements
• Interpretation Of Collective Agreements
• Salary Dispensation
• Career Progression
• Review Of Arbitration Awards
• Material Error Of Law

Public Servants Association and Others v Minister of Correctional Service and Others (JR2363/2011, JA52/2014)

Public Servants Association and Others v Minister of Correctional Service and Others (JR2363/2011, JA52/2014) [2016] ZALAC 23; [2017] 4 BLLR 371 (LAC) (26 May 2016)

Court

Labour Appeal Court

Case number

JR2363/2011, JA52/2014

Judges

Musi JA, Sutherland JA, Murphy AJA

The Labour Appeal Court held that the arbitrator failed to interpret the words 'new notch of the OSD' in clause 11.2 of Resolution 2 of 2009, as he did not provide a factual matrix or context for his interpretation. The arbitrator merely recited the parties' arguments and reached a conclusion without giving proper reasons or engaging with the language and context of the clause. The absence of agreed facts made the legal question abstract and prevented a reasonable decision. The court reaffirmed that adjudication of a stated case and interpretation of contracts require a factual substratum. Co…

Source excerpt

• Collective Agreement Interpretation
• Arbitration Review
• Stated Case Procedure
• Salary Dispensation
• Reasonableness Of Award