Association of Mineworkers obo Bakang v Tshipi Ntle Manganese Mining (Pty) Ltd (JR1045/21) [2025] ZALCJHB 30 (24 January 2025)

Association of Mineworkers obo Bakang v Tshipi Ntle Manganese Mining (Pty) Ltd (JR1045/21) [2025] ZALCJHB 30 (24 January 2025)

The Labour Court found that the CCMA commissioner’s award was reasonable and justifiable in law. The commissioner properly assessed the credibility of the witnesses and the probabilities, noting that Bakang changed his versions and that his apology to the complainant was inconsistent with his denial of wrongdoing....

Source-derived case information.

Citation
[2025] ZALCJHB 30
Parties
Applicant: Association of Mineworkers and Construction Union obo Moshe Bakang; Respondent: Tshipi Ntle Manganese Mining (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Chitane Soza N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 January 2025
Case Number
JR1045/21
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Review application dismissed; arbitration award upheld.
Judges
F I Baloyi
Legal Topics
Sexual Harassment, Unfair Dismissal, Credibility Assessment, Review of Arbitration Award
Labour Law Sexual Harassment Unfair Dismissal Credibility Assessment Review of Arbitration Award

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Summary, issues, holding and outcome

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Parties

Association of Mineworkers and Construction Union obo Moshe Bakang

Applicant

Tshipi Ntle Manganese Mining (Pty) Ltd

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Chitane Soza N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner’s finding that the dismissal of Bakang for sexual harassment was procedurally and substantively fair can be set aside on review.
  2. 2 Whether the commissioner properly assessed the credibility of witnesses and the probabilities.
  3. 3 Whether the commissioner committed misconduct, gross irregularity, or errors of law in the arbitration proceedings.

Ratio Decidendi

The Labour Court found that the CCMA commissioner’s award was reasonable and justifiable in law. The commissioner properly assessed the credibility of the witnesses and the probabilities, noting that Bakang changed his versions and that his apology to the complainant was inconsistent with his denial of wrongdoing. The evidence supported the finding that Bakang peeped through the window of the ladies' changing room while the complainant was half-dressed, and subsequently entered the room without authority. The commissioner’s conclusion that Bakang was guilty of sexual harassment and that his dismissal was procedurally and substantively fair was one that a reasonable decision-maker could...

Court Disposition

Review application dismissed; arbitration award upheld.

Orders

  • The review application is dismissed.
  • There is no order as to costs.