BHP Billiton Klipspruit Colliery v NUM obo Dlamini and Others (JR650/10) [2011] ZALCJHB 160 (11 November 2011)

BHP Billiton Klipspruit Colliery v NUM obo Dlamini and Others (JR650/10) [2011] ZALCJHB 160 (11 November 2011)

The court found that the commissioner’s decision was reasonable given the evidence presented at arbitration. The applicant, a large multinational company, failed to call witnesses or present material evidence under oath, despite being aware of the requirements for arbitration proceedings. The commissioner’s finding that the onus of proof had not been discharged was justified. The applicant cannot shift responsibility for its own failure to present evidence onto the commissioner. The finding that Mr Dlamini was partly to blame was not material to the conclusion of unfair dismissal and only affected the extent of reinstatement, which Mr Dlamini did not challenge. Therefore, the arbitration...

Citation
[2011] ZALCJHB 160
Parties
Applicant: BHP Billiton Klipspruit Colliery; Respondent: NUM obo Dlamini Alexander; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Lungile Matshaka N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 November 2011
Case Number
JR650/10
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award is dismissed with costs.
Judges
K M Savage
Legal Topics
Unfair Dismissal, Arbitration Review, Onus of Proof, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Onus of Proof Procedural Fairness Substantive Fairness

Case Brief

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Parties

BHP Billiton Klipspruit Colliery

Applicant

NUM obo Dlamini Alexander

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Lungile Matshaka N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner’s arbitration award finding the dismissal of Mr Dlamini both procedurally and substantively unfair was reasonable and justifiable.
  2. 2 Whether the commissioner erred by not providing reasons for finding Mr Dlamini partly to blame for his dismissal while denying full reinstatement.
  3. 3 Whether the applicant discharged the onus to prove the fairness of the dismissal.

Ratio Decidendi

The court found that the commissioner’s decision was reasonable given the evidence presented at arbitration. The applicant, a large multinational company, failed to call witnesses or present material evidence under oath, despite being aware of the requirements for arbitration proceedings. The commissioner’s finding that the onus of proof had not been discharged was justified. The applicant cannot shift responsibility for its own failure to present evidence onto the commissioner. The finding that Mr Dlamini was partly to blame was not material to the conclusion of unfair dismissal and only affected the extent of reinstatement, which Mr Dlamini did not challenge. Therefore, the arbitration...

Court Disposition

Application to review and set aside the arbitration award is dismissed with costs.

Orders

  • The application to review and set aside the arbitration award issued under CCMA case number MP6877/09 is dismissed with costs.