Bearam Ambigee v Commission For Conciliation, Mediation and Arbitration and Others (JR 717/06) [2008] ZALC 36 (27 March 2008)

Bearam Ambigee v Commission For Conciliation, Mediation and Arbitration and Others (JR 717/06) [2008] ZALC 36 (27 March 2008)

The applicant failed to prove that she was dismissed or that she had a reasonable expectation of renewal or permanent appointment. The evidence, including signed fixed term contracts and the absence of corroborating witnesses, supported the third respondent's version that the employment was temporary and terminated by effluxion of time. The arbitrator did not commit any irregularity in refusing a postponement or in recording the proceedings by hand, as the applicant tacitly consented and did not object. The applicant's attempt to rely on section 186(1)(b) of the LRA was impermissible, as no evidence was led to support a reasonable expectation of renewal. The arbitrator's award was...

Citation
[2008] ZALC 36
Parties
Applicant: Bearam Ambigee; Respondent: Commission For Conciliation, Mediation and Arbitration; Respondent: Commissioner N. Maseko N.O.; Respondent: Juta Books
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 March 2008
Case Number
JR 717/06
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed with costs awarded against the applicant.
Judges
M.H. Rampai
Legal Topics
Fixed Term Contracts, Unfair Dismissal, Review of Arbitration Award, Reasonable Expectation of Renewal, Procedural Irregularity
Labour Law Civil Procedure Fixed Term Contracts Unfair Dismissal Review of Arbitration Award Reasonable Expectation of Renewal Procedural Irregularity

Case Brief

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Parties

Bearam Ambigee

Applicant

Commission For Conciliation, Mediation and Arbitration

Respondent

Commissioner N. Maseko N.O.

Respondent

Juta Books

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed an irregularity by failing to mechanically record the proceedings.
  2. 2 Whether the arbitrator committed an irregularity by refusing a postponement and thereby denied the applicant a fair hearing.
  3. 3 Whether the arbitrator's award was rationally justifiable in finding that the applicant was not dismissed but that her fixed term contract expired.

Ratio Decidendi

The applicant failed to prove that she was dismissed or that she had a reasonable expectation of renewal or permanent appointment. The evidence, including signed fixed term contracts and the absence of corroborating witnesses, supported the third respondent's version that the employment was temporary and terminated by effluxion of time. The arbitrator did not commit any irregularity in refusing a postponement or in recording the proceedings by hand, as the applicant tacitly consented and did not object. The applicant's attempt to rely on section 186(1)(b) of the LRA was impermissible, as no evidence was led to support a reasonable expectation of renewal. The arbitrator's award was...

Court Disposition

The review application is dismissed with costs awarded against the applicant.

Orders

  • The review application is dismissed.
  • The applicant is ordered to pay the costs relating to this application.