Bengxesha v General Public Service Sectoral Bargaining Council and Others (P552/11) [2015] ZALCPE 58 (13 November 2015)

Bengxesha v General Public Service Sectoral Bargaining Council and Others (P552/11) [2015] ZALCPE 58 (13 November 2015)

The court found that the arbitrator considered the principal issue, evaluated the evidence, and gave reasons for accepting the third respondent's version and rejecting the applicant's. The applicant's piecemeal approach, relying on perceived errors, was impermissible. The arbitrator did not misconceive the nature of the inquiry and her decision was reasonable on the evidence before her. The applicant failed to establish that any error led to an unreasonable outcome. Condonation for the late filings was granted as good cause was shown and the applications were not opposed.

Citation
[2015] ZALCPE 58
Parties
Applicant: Nomalinde Gloria Bengxesha; Respondent: General Public Service Sectoral Bargaining Council; Respondent: PI Dhlodhlo; Respondent: Department of Home Affairs
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
13 November 2015
Case Number
P552/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The application for review is dismissed. Condonation for the late filing of the review application, arbitration record, and replying affidavit is granted.
Judges
Lallie
Legal Topics
Unfair Dismissal, Arbitration Review, Condonation, Gross Irregularity
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Condonation Gross Irregularity

Case Brief

Summary, issues, holding and outcome

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Parties

Nomalinde Gloria Bengxesha

Applicant

General Public Service Sectoral Bargaining Council

Respondent

PI Dhlodhlo

Respondent

Department of Home Affairs

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant was reasonable and should be set aside.
  2. 2 Whether the arbitrator committed gross irregularity or bias in the conduct of the proceedings.
  3. 3 Whether condonation for late filing of the review application, arbitration record, and replying affidavit should be granted.

Ratio Decidendi

The court found that the arbitrator considered the principal issue, evaluated the evidence, and gave reasons for accepting the third respondent's version and rejecting the applicant's. The applicant's piecemeal approach, relying on perceived errors, was impermissible. The arbitrator did not misconceive the nature of the inquiry and her decision was reasonable on the evidence before her. The applicant failed to establish that any error led to an unreasonable outcome. Condonation for the late filings was granted as good cause was shown and the applications were not opposed.

Court Disposition

The application for review is dismissed. Condonation for the late filing of the review application, arbitration record, and replying affidavit is granted.

Orders

  • The late filing of the review application is condoned.
  • The late filing of the arbitration record is condoned.