Automobile Association of SA v Govender NO and Others (DA23/99) [2000] ZALAC 19 (20 September 2000)

Automobile Association of SA v Govender NO and Others (DA23/99) [2000] ZALAC 19 (20 September 2000)

The Labour Appeal Court found that the appellant's allegations of misconduct and bias by the commissioner during the arbitration were uncontroverted. The commissioner failed to remain impartial, intervened in the evidence and argument, and curtailed cross-examination, creating a reasonable apprehension of bias. The...

Source-derived case information.

Citation
[2000] ZALAC 19
Parties
Appellant: Automobile Association of S.A.; Respondent: Commissioner S.M. Govender N.O.; Respondent: NUMSA; Respondent: Vino Naidoo
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
20 September 2000
Case Number
DA23/99
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld with costs. Judgment and order of the Labour Court set aside. Arbitration proceedings set aside and to commence de novo before a different commissioner.
Judges
M M Joffe, R M M Zondo, M T R Mogoeng
Legal Topics
Arbitration Misconduct, Reasonable Apprehension of Bias, Review of Arbitration Award, Commissioner Discretion, Gross Irregularity
Labour Law Civil Procedure Arbitration Misconduct Reasonable Apprehension of Bias Review of Arbitration Award Commissioner Discretion Gross Irregularity

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Summary, issues, holding and outcome

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Parties

Automobile Association of S.A.

Appellant

Commissioner S.M. Govender N.O.

Respondent

NUMSA

Respondent

Vino Naidoo

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the commissioner committed misconduct and gross irregularity in the conduct of the arbitration proceedings.
  2. 2 Whether the commissioner created a reasonable apprehension of bias against the appellant.
  3. 3 Whether the Labour Court erred in failing to consider the ground of review based on alleged misconduct.

Ratio Decidendi

The Labour Appeal Court found that the appellant's allegations of misconduct and bias by the commissioner during the arbitration were uncontroverted. The commissioner failed to remain impartial, intervened in the evidence and argument, and curtailed cross-examination, creating a reasonable apprehension of bias. The Labour Court erred by not considering this ground of review. The commissioner’s conduct amounted to misconduct and a gross irregularity in the proceedings, justifying the setting aside of the arbitration award. The matter must be remitted for arbitration de novo before a different commissioner.

Court Disposition

Appeal upheld with costs. Judgment and order of the Labour Court set aside. Arbitration proceedings set aside and to commence de novo before a different commissioner.

Orders

  • The appeal is upheld with costs.
  • The judgment and order of the Labour Court are set aside.