Ambigee v Commission for Conciliation Mediation And Arbitration and Others (JR717/06) [2008] ZALCJHB 40 (27 March 2008)

Ambigee v Commission for Conciliation Mediation And Arbitration and Others (JR717/06) [2008] ZALCJHB 40 (27 March 2008)

The applicant failed to prove she was unfairly dismissed. The evidence established she was employed on a fixed-term basis, with contracts clearly stating no expectation of renewal or permanent employment. The arbitrator did not commit any irregularity regarding the recording or postponement of proceedings, as the applicant either did not request a postponement or consented to manual recording. The applicant's version was unsupported by documentary evidence or witness testimony, and her credibility was undermined by her conduct. The arbitrator's award was rationally connected to the evidence and the law, and no grounds for review were established.

Citation
[2008] ZALCJHB 40
Parties
Applicant: Bearam Ambigee; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner N. Maseko N.O.; Respondent: Juta Books
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 March 2008
Case Number
JR717/06
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed with costs awarded against the applicant.
Judges
Rampai
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Reasonable Expectation of Renewal, Arbitration Review, Procedural Irregularity
Labour Law Unfair Dismissal Fixed Term Contracts Reasonable Expectation of Renewal Arbitration Review Procedural Irregularity

Case Brief

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Parties

Bearam Ambigee

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner N. Maseko N.O.

Respondent

Juta Books

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant was unfairly dismissed by the third respondent.
  2. 2 Whether the arbitrator committed a reviewable irregularity by failing to record the proceedings mechanically.
  3. 3 Whether the arbitrator committed a reviewable irregularity by refusing a postponement.

Ratio Decidendi

The applicant failed to prove she was unfairly dismissed. The evidence established she was employed on a fixed-term basis, with contracts clearly stating no expectation of renewal or permanent employment. The arbitrator did not commit any irregularity regarding the recording or postponement of proceedings, as the applicant either did not request a postponement or consented to manual recording. The applicant's version was unsupported by documentary evidence or witness testimony, and her credibility was undermined by her conduct. The arbitrator's award was rationally connected to the evidence and the law, and no grounds for review were established.

Court Disposition

Review application dismissed with costs awarded against the applicant.

Orders

  • The review application is dismissed.
  • The applicant is ordered to pay the costs relating to this application.