Bakone Minerals v Malubete NO and Others (JR 1363/09) [2010] ZALC 252 (21 December 2010)

Bakone Minerals v Malubete NO and Others (JR 1363/09) [2010] ZALC 252 (21 December 2010)

The court found that the record of the arbitration proceedings clearly indicated that the Third Respondents failed to discharge the onus of proving that they had been dismissed by the Applicant. As such, the only reasonable conclusion was that no dismissal occurred. Consequently, the arbitration award was set aside and it was ordered that the Third Respondents were not dismissed. There was no need to refer the matter back for arbitration before a different Commissioner, and no order as to costs was made.

Citation
[2010] ZALC 252
Parties
Applicant: Bakone Minerals; Respondent: Nandu Malubete N.O.; Respondent: Council for Conciliation, Mediation and Arbitration (CCMA); Respondent: Frans Makgopa & 1 Other
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
21 December 2010
Case Number
JR 1363/09
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; arbitration award set aside; finding that Third Respondents were not dismissed.
Judges
Coetzee
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Compensation for Unfair Dismissal
Labour Law Unfair Dismissal Review of Arbitration Award Compensation for Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Bakone Minerals

Applicant

Nandu Malubete N.O.

Respondent

Council for Conciliation, Mediation and Arbitration (CCMA)

Respondent

Frans Makgopa & 1 Other

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Third Respondents were dismissed by the Applicant.
  2. 2 Whether the arbitration award finding procedural and substantive unfairness was reasonable.
  3. 3 Whether the compensation awarded was excessive.

Ratio Decidendi

The court found that the record of the arbitration proceedings clearly indicated that the Third Respondents failed to discharge the onus of proving that they had been dismissed by the Applicant. As such, the only reasonable conclusion was that no dismissal occurred. Consequently, the arbitration award was set aside and it was ordered that the Third Respondents were not dismissed. There was no need to refer the matter back for arbitration before a different Commissioner, and no order as to costs was made.

Court Disposition

Application for review granted; arbitration award set aside; finding that Third Respondents were not dismissed.

Orders

  • The arbitration award issued on 19 April 2009 under case number LP 4569 – 07 is set aside.
  • It is ordered that the Third Respondents were not dismissed by the Applicant.