Air and Allied Technologies CC v Commission for Conciliation Mediation and Arbitration and Others (JR 2276/10) [2012] ZALCJHB 185 (11 December 2012)

Air and Allied Technologies CC v Commission for Conciliation Mediation and Arbitration and Others (JR 2276/10) [2012] ZALCJHB 185 (11 December 2012)

The court found that the Commissioner correctly determined, based on the evidence before him, that Masina was dismissed by the applicant. The credibility finding in favour of Masina was supported by the inconsistencies in the applicant's version and the content of correspondence exchanged between the parties. The Commissioner’s recording of Lottering’s concession regarding termination was logical and reasonable. The applicant’s arguments regarding desertion and the expiry of a limited duration contract were not substantiated by the evidence. The Commissioner did not commit a reviewable irregularity, and the award was not one that a reasonable decision-maker could not reach. Accordingly,...

Citation
[2012] ZALCJHB 185
Parties
Applicant: Air and Allied Technologies CC; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Bongani Khumalo N.O.; Respondent: Shadrack Masina
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 December 2012
Case Number
JR 2276/10
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The applicant's review application is dismissed with costs awarded to Masina.
Judges
Woodhouse
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Credibility Assessment, Limited Duration Contract
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Credibility Assessment Limited Duration Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Air and Allied Technologies CC

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Bongani Khumalo N.O.

Respondent

Shadrack Masina

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner committed a reviewable irregularity in finding that Masina was dismissed.
  2. 2 Whether the dismissal of Masina was both procedurally and substantively unfair.
  3. 3 Whether the arbitration award should be set aside on review.

Ratio Decidendi

The court found that the Commissioner correctly determined, based on the evidence before him, that Masina was dismissed by the applicant. The credibility finding in favour of Masina was supported by the inconsistencies in the applicant's version and the content of correspondence exchanged between the parties. The Commissioner’s recording of Lottering’s concession regarding termination was logical and reasonable. The applicant’s arguments regarding desertion and the expiry of a limited duration contract were not substantiated by the evidence. The Commissioner did not commit a reviewable irregularity, and the award was not one that a reasonable decision-maker could not reach. Accordingly,...

Court Disposition

The applicant's review application is dismissed with costs awarded to Masina.

Orders

  • The applicant’s review is dismissed.
  • The applicant is ordered to pay Masina’s costs.