Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09) [2011] ZALCJHB 267 (25 November 2011)

Parties

Party arguments

Applicant

The applicant argued that the arbitration award issued by the bargaining council was reviewable on the basis that the record of proceedings was defective and incomplete, rendering a proper review impossible. The applicant submitted that the only appropriate remedy was to remit the matter to the bargaining council for a fresh hearing.

Respondent

The respondents contended that the record was sufficient for the court to determine the review and that remittal was unnecessary. They argued that the bargaining council had jurisdiction and that the award should stand.

Legal principles

1. 01

   Balesan v Motor Bargaining Council (2011) 32 ILJ 297 (LC)

   Where the record of arbitration proceedings is defective or incomplete, the Labour Court may remit the matter to the bargaining council for a hearing de novo.

2. 02

   Department of Community Safety: Western Cape Provincial Government v General Public Service Sectoral Bargaining Council and Others (2011) 32 ILJ 890 (LC)

   A review of an arbitration award requires a complete and accurate record to enable the court to properly assess the fairness and lawfulness of the proceedings.

3. 03

   JDG Trading (Pty) Ltd Russels v Witcher NO and Others [2005] ZALC 1; (2001) 3 BLLR 300 (LAC)

   The Labour Court has the power to set aside arbitration awards and remit matters for rehearing where procedural irregularities or defects in the record are present.

Court disposition

The application for review is granted. The arbitration award is set aside and the matter is remitted to the bargaining council for a hearing de novo.

• The arbitration award issued by the bargaining council is reviewed and set aside.
• The dispute is remitted to the bargaining council for a hearing de novo.
• No order as to costs.