IMATU obo J Nathan v Polokwane Local Municipality

IMATU, acting on behalf of its member Mr Jeremy Nathan, applied in terms of section 158(1)(c) of the Labour Relations Act (LRA) to have an alleged settlement agreement made an order of the Labour Court. Mr Nathan, employed as a Superintendent in the Polokwane Local Municipality, lodged a grievance in September 2016 alleging unfair labour practice and unequal pay, contending that his post was graded at a lower level than other superintendents. The grievance proceeded through the internal grievance procedure under the SALGA Main Collective Agreement. An acting municipal manager, Mr Lubbe, recorded on the grievance form on 24 January 2017 that all superintendents should be on level 6 and that Mr Nathan should be placed on level 6 with immediate effect, and this was signed by both parties’ representatives. The Municipality later, through the municipal manager Mr Makobe, purported to rescind this decision, contending it was unlawful and inconsistent with the municipal staff establishment and the Municipal Systems Act. The Municipality filed its answering affidavit late and sought condonation.

Condonation for the late filing of the Municipality’s answering affidavit was granted. Both the answering and replying affidavits were admitted and considered by the Court. (The final determination on whether the alleged settlement agreement should be made an order of court is not fully available from the provided extract.)

The case is significant for clarifying the approach of the Labour Court to condonation applications, reaffirming that even gross delays may be condoned where the interests of justice so require. Substantively, it highlights the strict requirements for an agreement reached during internal grievance procedures to qualify as a settlement agreement enforceable under section 158(1)(c) of the LRA, particularly within the context of local government employment and collective agreements.