Case no: C 391/17

Case no: C 391/17

Case no: C 391/17

In the matter between:

NAMA KHOI LOCAL MUNICIPALITY: Applicant

and

SOUTH AFRICAN LOCAL GOVERNMENT

BARGAINING COUNCIL: First Respondent

LEKUKA MORE N.O. (AS ARBITRATOR): Second Respondent

INDEPENDENT MUNICIPAL AND ALLIED

TRADE UNION: Third Respondent

RAYMOND AUGUST: Fourth Respondent

 

Heard6 September 2018

Delivered20 March 2019

 

Summary: Bargaining council arbitration proceedings – Review of award of arbitrator – principles considered – test for review – s 145 of LRA 1995 – material error of law and jurisdiction – reasonable outcome test does not apply – review considered on the basis of what is correct or incorrect

Section 198D – dispute process separate from unfair dismissal dispute process – not competent to consider a dispute as contemplated by section 198B referred under section 198D where employee already dismissed

Section 198B and 198D – already dismissed employee – cannot order reinstatement under such provisions – reinstatement only competent under section 193 in unfair dismissal dispute – no unfair dismissal dispute before arbitrator

Dismissal dispute – dismissal as contemplated by section 186(1)(a) or (b) – dispute must be specifically referred to bargaining council for conciliation and arbitration – is not part of dispute referred under section 198D – section 198B can be considered as part of unfair dismissal dispute, but unfair dismissal cannot be considered under section 198D referral

Review of award – award of arbitrator constituting material error of law and misdirection – award reviewable and set aside – substituted with determination dismissing referral   

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2019-08-27T13:10:41+00:00