SILCS Sibergramme issue 16 of 2017

Download issue: SILCS 16 of 2017

We have pleasure in attaching the 16th SILCS for 2017, in which Owen Barrow summarises the following cases:

SOUTH AFRICAN CHEMICAL WORKERS UNION (SACWU) AND ANOTHER V MODISE
LC (J1524/17) [2017] ZALCJHB 265 7 July 2017 5 pages
Lagrange J
Labour Court — Jurisdiction — Intra-union dispute — Dispute between union, represented by its president, and general secretary over latter’s convening of a congress — Provisions of s 158(1)(e) of LRA — Notion of membership in section restricted to those who apply and are admitted to membership and not those who serve in structures of union who are not members — Court lacking jurisdiction.
NDEBELE V SOUTH AFRICAN POLICE SERVICE AND ANOTHER
LC (JR2395/14) [2017] ZALCJHB 251 4 July 2017 5 pages
Snyman AJ
Appeal — Application for leave to appeal — Hearing of application — May be done in chambers — Failure to file written submissions in contravention of clause 15.2 of Practice Manual — Such failure should lead to dismissing of application for this reason alone.
WATSON V SOUTH AFRICAN RUGBY UNION (SARU) AND OTHERS
LC (C672/2015) [2017] ZALCJHB 264 30 June 2017 35 pages
Tlhothalemaje J
Dismissal — For incompatibility — Incompatibility emerging from disciplinary enquiry — Dismissed employee was internationally famous rugby referee who had become head of referees in SA — Enquiry revealing that he swore profanely and profusely at all and sundry and in the process humiliated and even threatened his underlings — Whether incompatibility to be treated as form of misconduct or incapacity — Consideration of all facts required and is difficult to pigeonhole such conduct neatly —Starting point should be that each case of incompatibility should be treated as a case of incapacity — Arbitrator incorrectly coming to conclusion that dismissal the only possible sanction given the status of employer — Employee should have been given opportunity to remedy his behaviour — Dismissal set aside and replaced with final written warning.
RUSTENBURG LOCAL MUNICIPALITY V SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING COUNCIL AND OTHERS
LC (J779/2017) [2017] ZALCJHB 261 30 June 2017 21 pages
Snyman AJ
Arbitration — The award — Enforcement of — Certification of award by CCMA and writ of enforcement issued — Stay of writ — Security to be furnished — Liability of local authority or State or public entity to provide such security given the prohibitions imposed by PFMA on un-budgeted liabilities — No reason why public bodies should be exempt from providing security — Provisions of LRA (s 145(7) and (8)) trump provisions of PFMA or MFMA in this respect.
DANONE SOUTHERN AFRICA (PTY) LTD AND ANOTHER V CCMA AND OTHERS
LC (JR2177/16) [2017] ZALCJHB 252 30 June 2017 23 pages
Snyman AJ
Arbitration — Arbitrator — Rulings of — Arbitrator faced with an application for consolidation of numerous matters involving different employers with differing sets of employees embarking on investigation on his own without informing any of the parties as to what he was doing, and finding finalised cases and consolidating them in one case as well as condoning late resurrection of cases — Grossly irregular steps taken by arbitrator justifying setting aside of rulings on review.
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