IMATU v Drakenstein Municipality (CA01/2014) [2015] ZALAC 56 (15 April 2015) per Sutherland JA (Tlaletsi DJP and Davis JA concurring)

The Labour Appeal Court disallowed the appeal but set aside the order of Visagie AJ in the Labour Court and held that the the matter should not have been remitted to the bargaining council for a fresh hearing.

LAC summary:

“Review of arbitration award – union contending that agreement entered into with the municipality concerning the implementation of the payment of allowances to employees – arbitrator ordering the payment of the allowances – Appeal limited on the sole ground whether an agreement was concluded – evidence showing that only issue under consideration at the meeting and in the Municipal Manager’s statement was the compilation of the list of employees eligible for the allowances.  Contention that the Municipal Manager concluded an agreement for the payment of allowances not borne out by the facts – arbitrator misconstruing the facts in finding otherwise and rendering unrealistic order which necessitating the setting aside of the award.  Labour Court correct to the extent that it set aside the award but incorrect in remitting the matter to be heard de novo – issue for which matter remitted not pleaded by union – Labour Court’s judgment substituted with an order that the review application is set aside – Appeal dismissed with costs.”