Abdull and Another v Cloete NO and Others (J752/97) [1998] ZALC 134 (27 February 1998)

Abdull and Another v Cloete NO and Others (J752/97) [1998] ZALC 134 (27 February 1998)

The court found that the arbitrator failed to apply his mind to the issues before him, as evidenced by the mutually contradictory and unclear reasons in both the award and the explanatory affidavit. The arbitrator did not resolve essential contradictions or make reasoned findings as required by the Labour Relations Act. This failure constituted a latent gross irregularity in the conduct of the arbitration proceedings, as it prevented a fair determination of the dispute. The award was not reasonable and did not comply with the statutory requirements. Accordingly, the arbitration award was reviewed and set aside, and the disputes were remitted to the CCMA for fresh arbitration before a...

Citation
[1998] ZALC 134
Parties
Applicant: Colleen Abdull; Applicant: Yolande Hassin; Respondent: Cloete N.O.; Respondent: Limited Editions (Pty) Ltd t/a Glomail; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 February 1998
Case Number
J752/97
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; arbitration award set aside and matter remitted for fresh arbitration.
Judges
P J Pretorius
Legal Topics
Review of Arbitration Award, Gross Irregularity, Misconduct by Arbitrator, Substantive Fairness, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Gross Irregularity Misconduct by Arbitrator Substantive Fairness Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Colleen Abdull

Applicant

Yolande Hassin

Applicant

Cloete N.O.

Respondent

Limited Editions (Pty) Ltd t/a Glomail

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator failed to apply his mind to the issues before him, constituting misconduct or gross irregularity under section 145(2) of the Labour Relations Act.
  2. 2 Whether the arbitration award was reasonable and capable of being understood.
  3. 3 Whether the disputes should be remitted for fresh arbitration.

Ratio Decidendi

The court found that the arbitrator failed to apply his mind to the issues before him, as evidenced by the mutually contradictory and unclear reasons in both the award and the explanatory affidavit. The arbitrator did not resolve essential contradictions or make reasoned findings as required by the Labour Relations Act. This failure constituted a latent gross irregularity in the conduct of the arbitration proceedings, as it prevented a fair determination of the dispute. The award was not reasonable and did not comply with the statutory requirements. Accordingly, the arbitration award was reviewed and set aside, and the disputes were remitted to the CCMA for fresh arbitration before a...

Court Disposition

Application for review granted; arbitration award set aside and matter remitted for fresh arbitration.

Orders

  • The arbitration award of the first respondent of 6 August 1997 (CCMA case numbers GA6287 and GA6114) is reviewed and set aside.
  • The disputes are remitted to the Commission for Conciliation, Mediation and Arbitration for resolution through arbitration by an arbitrator other than the first respondent.