Bidvest Bank Ltd v Rafee (JR 1412/11) [2013] ZALCJHB 35 (8 February 2013)

Bidvest Bank Ltd v Rafee (JR 1412/11) [2013] ZALCJHB 35 (8 February 2013)

The court found that the arbitrator did not exceed her powers or act unreasonably in finding the dismissal of the third respondent was procedurally and substantively unfair. The arbitrator provided adequate reasons for her findings, and the evidence supported the conclusion that the applicant failed to justify the dismissal and did not challenge the entitlement to a performance bonus. The arbitrator had jurisdiction to determine the contractual claim for the bonus, and the relief of reinstatement was appropriate as the exclusions in the Labour Relations Act did not apply. The review application was therefore dismissed.

Citation
[2013] ZALCJHB 35
Parties
Applicant: Bidvest Bank Limited; Respondent: Nasima Rafee; Respondent: CCMA; Respondent: Richard Harvey
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 February 2013
Case Number
JR 1412/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
Moshoana
Legal Topics
Unfair Dismissal, Reinstatement, Performance Bonus, Arbitration Review, Jurisdiction of Ccma
Labour Law Unfair Dismissal Reinstatement Performance Bonus Arbitration Review Jurisdiction of Ccma

Case Brief

Summary, issues, holding and outcome

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Parties

Bidvest Bank Limited

Applicant

Nasima Rafee

Respondent

CCMA

Respondent

Richard Harvey

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator acted reasonably in finding the dismissal of the third respondent was procedurally and substantively unfair.
  2. 2 Whether the arbitrator had jurisdiction to determine the contractual claim for a performance bonus.
  3. 3 Whether the relief of reinstatement was appropriate under the circumstances.

Ratio Decidendi

The court found that the arbitrator did not exceed her powers or act unreasonably in finding the dismissal of the third respondent was procedurally and substantively unfair. The arbitrator provided adequate reasons for her findings, and the evidence supported the conclusion that the applicant failed to justify the dismissal and did not challenge the entitlement to a performance bonus. The arbitrator had jurisdiction to determine the contractual claim for the bonus, and the relief of reinstatement was appropriate as the exclusions in the Labour Relations Act did not apply. The review application was therefore dismissed.

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.