Autoparts Distributors (Pty) Ltd v Hlongwane NO and Others (JR 1393/07) [2010] ZALC 242 (14 May 2010)

Autoparts Distributors (Pty) Ltd v Hlongwane NO and Others (JR 1393/07) [2010] ZALC 242 (14 May 2010)

The court found that the arbitrator's award was reasonable and well reasoned. The evidence did not support the applicant's contention that the shop stewards instigated the unprotected strike. The shop stewards attempted to persuade workers to return to work and did not incite unlawful action. The applicant's grounds of review were essentially grounds of appeal and did not demonstrate any reviewable irregularity or misapplication of mind by the arbitrator. There was no evidence of a breakdown in the employment relationship or denial of opportunity to call witnesses. The arbitrator's award of reinstatement and back pay was upheld, and the award was made an order of court.

Citation
[2010] ZALC 242
Parties
Applicant: Autoparts Distributors (Pty) Ltd; Respondent: Raymond Hlongwane N.O.; Respondent: The Dispute Resolution Centre of the Motor Industry Bargaining Council; Respondent: The Commission for Conciliation NUMS obo A Ludidi & 2 Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
14 May 2010
Case Number
JR 1393/07
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitrator's award is dismissed. The arbitration award is made an order of court. Costs determination is deferred.
Judges
Lagrange
Legal Topics
Unprotected Strike, Shop Steward Liability, Review of Arbitration Award, Reinstatement, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Unprotected Strike Shop Steward Liability Review of Arbitration Award Reinstatement Procedural Fairness Substantive Fairness

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Parties

Autoparts Distributors (Pty) Ltd

Applicant

Raymond Hlongwane N.O.

Respondent

The Dispute Resolution Centre of the Motor Industry Bargaining Council

Respondent

The Commission for Conciliation NUMS obo A Ludidi & 2 Others

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in finding the dismissal of the shop stewards substantively unfair.
  2. 2 Whether the shop stewards instigated or incited the unprotected strike action.
  3. 3 Whether the arbitrator failed to consider evidence of a breakdown in the employment relationship.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and well reasoned. The evidence did not support the applicant's contention that the shop stewards instigated the unprotected strike. The shop stewards attempted to persuade workers to return to work and did not incite unlawful action. The applicant's grounds of review were essentially grounds of appeal and did not demonstrate any reviewable irregularity or misapplication of mind by the arbitrator. There was no evidence of a breakdown in the employment relationship or denial of opportunity to call witnesses. The arbitrator's award of reinstatement and back pay was upheld, and the award was made an order of court.

Court Disposition

Application to review and set aside the arbitrator's award is dismissed. The arbitration award is made an order of court. Costs determination is deferred.

Orders

  • The application to review and set aside the arbitrator's award issued on 14 May 2007 under case number MINT 7033 S is dismissed.
  • The arbitrator's award issued on 14 May 2007 under case number MINT 7033 S is made an order of court.