J2076/00-PJ
Sneller Verbatim/PJ
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: J2076/00
2001-07-31
In the matter between
NORTHERN PROVINCE DEVELOPMENT CORP Applicant
and
CCMA & OTHERS Respondent
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J U D G M E N T
___________________________________________________________
LANDMAN, J: The Northern Province Development Corporation brings an
application to review and set aside an award delivered by a commissioner in
regard to the Development Corporation and the Allied Workers Union and eight
others.
The commissioner considered the evidence which had been presented
before him and concluded by saying:
"I therefore find that failure to subject all grades to an independent consultant or
alternatively failure to accept the grades of the internal job evaluation committee,
and only subject in the human Resource Officers thereto amounts to inconsistency
1
JUDGMENT1
on behalf of the company. I further find that this conduct amounts to unfair labour
practice"
He then makes an award awarding certain relief.
An unfair labour practice is a concept which is set out in schedule 7 of the
Labour Relations Act, 66 of 1995. It is referred to in item 2 as a residual unfair
labour practice. It is stated that for purposes of this item an unfair labour practice
means any unfair act or omission that arises between an employer and employee
involving -
[b] the unfair conduct of the employer relating to the promotion, demotion or training
of an employee or relating to the provision of benefits to an employee;
[c] the unfair suspension of an employee or any other disciplinary action short of
dismissal in respect of an employee;
[d] the failure or refusal of an employer to reinstate or re-employ the former
employee in terms of an agreement.
By no stretch of imagination can the complaint which the individual respondents
had in regard to their grading fall within the concept of residual unfair labour
practice. Indeed it amounts to a matter of mutual interest. It follows that the
commissioner had no power to make the order which he did. It is consequently
reviewed and set aside with costs.
____________________
Judge A A Landman
Judge of the Labour Court of South Africa
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