Bongi Errol Mthimunye v Education Labour Relations Council and Others

The applicant, a lecturer employed by Central Johannesburg TVET College since 2011, claimed that he was unfairly denied Integrated Quality Management System (IQMS) benefits from 2013 onwards. He only became aware of the existence of IQMS benefits in December 2020 when he noticed that other employees received separate payslips reflecting such benefits. After internal attempts to resolve the matter failed, he referred an unfair labour practice dispute to the Education Labour Relations Council (ELRC). The respondents contended that the applicant did not participate in the IQMS process or submit the required documentation for the relevant years and was therefore not entitled to the benefits. The arbitrating commissioner dismissed the unfair labour practice claim, finding that the applicant failed to prove that he had submitted IQMS applications for 2013–2020. The applicant then brought a review application to the Labour Court, alleging gross irregularities in the arbitration proceedings.

The arbitration award was reviewed and set aside. The precise consequential order (such as remittal for rehearing or substitution) is not expressly stated in the provided portion of the judgment.

This case reaffirms the duties of arbitrators in unfair labour practice disputes to properly evaluate evidence, resolve disputes of fact, and assess credibility and probabilities. It underscores that a failure to consider the employer’s conduct in benefit-related disputes under section 186(2)(a) of the LRA constitutes a reviewable irregularity, and it reinforces the application of Sasol Mining principles in labour arbitration reviews.