Armstong v Tee and Others (D343/98) [1999] ZALC 98 (17 June 1999)

Armstong v Tee and Others (D343/98) [1999] ZALC 98 (17 June 1999)

The Labour Court found that the arbitration award issued by the Third Respondent was not rationally justifiable on the evidence presented. The Commissioner failed to address the First Respondent's absenteeism on 29 September 1997, did not provide reasons for the monetary award, and did not allow the Applicant to call witnesses or cross-examine the First Respondent, breaching procedural fairness. The Commissioner also failed to consider aggravating factors and the financial impact on the Applicant. The court held that these failures constituted reviewable irregularities under Section 145 of the Labour Relations Act and that the award was arbitrary and did not meet the standards of fair...

Citation
[1999] ZALC 98
Parties
Applicant: R J Armstrong; Respondent: Barbara Anne Tee; Respondent: CCMA; Respondent: Yunus Shaik
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
17 June 1999
Case Number
D343/98
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award issued on 3 April 1999 under CCMA case No KN8975 is reviewed and set aside. The matter is referred back to the CCMA for arbitration before a different Commissioner. No order as to costs.
Judges
Jali
Legal Topics
Review of Arbitration Award, Procedural Fairness, Unfair Dismissal, Right to Call Witnesses, Failure to Give Reasons
Labour Law Civil Procedure Review of Arbitration Award Procedural Fairness Unfair Dismissal Right to Call Witnesses Failure to Give Reasons

Case Brief

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Parties

R J Armstrong

Applicant

Barbara Anne Tee

Respondent

CCMA

Respondent

Yunus Shaik

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the Third Respondent was rationally justifiable based on the evidence presented.
  2. 2 Whether the Commissioner failed to allow the Applicant to call witnesses and cross-examine the First Respondent, thereby breaching procedural fairness.
  3. 3 Whether the Commissioner failed to provide adequate reasons for awarding R18,000 to the First Respondent.

Ratio Decidendi

The Labour Court found that the arbitration award issued by the Third Respondent was not rationally justifiable on the evidence presented. The Commissioner failed to address the First Respondent's absenteeism on 29 September 1997, did not provide reasons for the monetary award, and did not allow the Applicant to call witnesses or cross-examine the First Respondent, breaching procedural fairness. The Commissioner also failed to consider aggravating factors and the financial impact on the Applicant. The court held that these failures constituted reviewable irregularities under Section 145 of the Labour Relations Act and that the award was arbitrary and did not meet the standards of fair...

Court Disposition

The arbitration award issued on 3 April 1999 under CCMA case No KN8975 is reviewed and set aside. The matter is referred back to the CCMA for arbitration before a different Commissioner. No order as to costs.

Orders

  • The arbitration award given on 3 April 1999 under CCMA case No KN8975 is reviewed and set aside.
  • The matter is referred back to the Commission for Conciliation, Mediation and Arbitration to be arbitrated by another Commissioner, not the Third Respondent.