Bafokeng Rasimone Platinum Mine v Commission for Conciliation Mediation and Arbitration and Others (JR1734/03) [2006] ZALC 38; [2006] 7 BLLR 647 (LC); (2006) 27 ILJ 1499 (LC) (16 February 2006)

Bafokeng Rasimone Platinum Mine v Commission for Conciliation Mediation and Arbitration and Others (JR1734/03) [2006] ZALC 38; [2006] 7 BLLR 647 (LC); (2006) 27 ILJ 1499 (LC) (16 February 2006)

The court found that the failure of the arbitrator to advise the applicant to call additional witnesses did not amount to a reviewable irregularity in the circumstances of this case. The applicant's representative had experience in arbitration and voluntarily closed the case after calling one witness. The merits of the dispute were fully canvassed, with both parties' versions tested through cross-examination. The documentary evidence was accepted by consent and its accuracy was challenged, not its authenticity. The arbitrator's conduct did not prejudice the applicant, and the proceedings complied with section 138 of the Labour Relations Act. The application for review was dismissed with...

Citation
[2006] ZALC 38
Parties
Applicant: Bafokeng Rasimone Platinum Mine; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: Molebalwa S N.O.; Respondent: National Union of Mineworkers; Respondent: Mashabane T
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
16 February 2006
Case Number
JR1734/03
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
H.M. Musi
Legal Topics
Review of Arbitration Award, Procedural Irregularity, Onus of Proof, Substantive Fairness of Dismissal, Documentary Evidence, Role of Arbitrator
Labour Law Civil Procedure Review of Arbitration Award Procedural Irregularity Onus of Proof Substantive Fairness of Dismissal Documentary Evidence Role of Arbitrator

Case Brief

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Parties

Bafokeng Rasimone Platinum Mine

Applicant

Commission for Conciliation Mediation & Arbitration

Respondent

Molebalwa S N.O.

Respondent

National Union of Mineworkers

Respondent

Mashabane T

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's failure to advise the applicant to call additional witnesses constitutes a reviewable irregularity.
  2. 2 Whether the merits of the dispute were adequately and fairly dealt with in the arbitration proceedings.
  3. 3 Whether the documentary evidence and testimony provided sufficient proof of the fairness of the dismissal.

Ratio Decidendi

The court found that the failure of the arbitrator to advise the applicant to call additional witnesses did not amount to a reviewable irregularity in the circumstances of this case. The applicant's representative had experience in arbitration and voluntarily closed the case after calling one witness. The merits of the dispute were fully canvassed, with both parties' versions tested through cross-examination. The documentary evidence was accepted by consent and its accuracy was challenged, not its authenticity. The arbitrator's conduct did not prejudice the applicant, and the proceedings complied with section 138 of the Labour Relations Act. The application for review was dismissed with...

Court Disposition

Application dismissed with costs.

Orders

  • The application for review and setting aside of the arbitration award is dismissed.
  • The applicant is ordered to pay the costs of the application.