Carephone v Marcus NO and others (JA52/98) [1998] ZALAC 11 (1 September 1998)

Carephone v Marcus NO and others (JA52/98) [1998] ZALAC 11 (1 September 1998)

The Labour Appeal Court held that the Labour Court’s power to review CCMA arbitration awards is governed by section 145 of the LRA, which is constitutionally compliant and provides sufficient grounds for review. Section 158(1)(g) does not override or broaden the review powers in respect of arbitration awards, but rather applies to other administrative functions under the LRA. The commissioner’s refusal to grant postponements and decision to proceed in the appellant’s absence were rationally justifiable based on the material before him, including the lack of adequate explanation for the need for postponement and the prejudice to the employees. The commissioner’s conduct did not amount to...

Citation
[1998] ZALAC 11
Parties
Appellant: Carephone (Pty) Ltd; Respondent: Marcus NO; Respondent: Carlysle-McCallum & Seven Others; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
1 September 1998
Case Number
JA52/98
Procedural Posture
Labour Appeal / Appeal From Labour Court Judgment Refusing Review of CCMA Arbitration Award
Outcome
Appeal dismissed with costs.
Judges
JC Froneman, JF Myburgh, E Cameron
Legal Topics
Review of Arbitration Awards, Just Administrative Action, Postponement in Arbitration, Constitutional Rights in Labour Disputes, Scope of Judicial Review
Labour Law Administrative Law Review of Arbitration Awards Just Administrative Action Postponement in Arbitration Constitutional Rights in Labour Disputes Scope of Judicial Review

Case Brief

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Parties

Carephone (Pty) Ltd

Appellant

Marcus NO

Respondent

Carlysle-McCallum & Seven Others

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Labour Appeal / Appeal From Labour Court Judgment Refusing Review of CCMA Arbitration Award

Legal Issues

  1. 1 What is the nature and extent of the Labour Court's power to review CCMA arbitration awards under the LRA?
  2. 2 Does section 158(1)(g) of the LRA provide a broader basis for review than section 145?
  3. 3 Were the commissioner’s refusals to grant postponement and proceed in the appellant’s absence reviewable for misconduct, irregularity, or unreasonableness?

Ratio Decidendi

The Labour Appeal Court held that the Labour Court’s power to review CCMA arbitration awards is governed by section 145 of the LRA, which is constitutionally compliant and provides sufficient grounds for review. Section 158(1)(g) does not override or broaden the review powers in respect of arbitration awards, but rather applies to other administrative functions under the LRA. The commissioner’s refusal to grant postponements and decision to proceed in the appellant’s absence were rationally justifiable based on the material before him, including the lack of adequate explanation for the need for postponement and the prejudice to the employees. The commissioner’s conduct did not amount to...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The order of the Labour Court stands.