Department of Agriculture, Land Reform and Rural Development v Kayster N.O. and Others

Two departmental employees, Abie Olyn and Daisy Mongwai, allegedly awarded a tender irregularly in 2012 while employed by the Department of Agriculture, Land Reform and Rural Development. After a lengthy delay, disciplinary proceedings were instituted against them in 2023. During the disciplinary hearing, they raised preliminary objections, including excessive delay and the employer’s use of external legal representatives contrary to PSCBC Resolution 1 of 2003. The chairperson ruled that external legal representation was permissible. The employees, through their union (PSA), referred an interpretation/application dispute to the PSCBC. During arbitration proceedings, the parties agreed to proceed by written submissions, but the union failed to file a stated case as agreed. The arbitrator issued a preliminary ruling rescheduling the arbitration, holding that proceeding without a signed stated case would be irregular. The Department sought to review and set aside this preliminary ruling in the Labour Court.

The review application was dismissed with no order as to costs. The second respondent was ordered to enrol the dispute for arbitration before the PSCBC.

The case reinforces the restrictive approach to reviewing interlocutory arbitration rulings under section 158(1B) of the LRA and underscores the Labour Court’s reluctance to interfere in incomplete arbitration proceedings. It affirms the policy objective of expeditious dispute resolution and discourages piecemeal litigation in labour disputes.