Cementation (African Contractors) (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1526/99) [2000] ZALC 8 (29 February 2000)

Cementation (African Contractors) (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1526/99) [2000] ZALC 8 (29 February 2000)

The court found that the arbitrator did not commit a gross irregularity by managing the arbitration within the allocated time and requiring only relevant evidence. The applicant's representative did not request a postponement or indicate any inability to proceed, and it was not incumbent on the arbitrator to adjourn the proceedings mero motu. The arbitrator correctly identified the central issue as whether Mr Motsanana had been dismissed or had deserted, and applied the correct onus of proof by allowing Mr Motsanana to lead evidence first. The arbitrator preferred the oral evidence of Mr Motsanana over hearsay and untested documentary evidence presented by the applicant. The arbitrator...

Citation
[2000] ZALC 8
Parties
Applicant: Cementation (African Contractors) (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: A. Kriel NO; Respondent: National Union of Mineworkers on behalf of J. Motsanana
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
29 February 2000
Case Number
J1526/99
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Pillay
Legal Topics
Review of Arbitration Award, Onus of Proof in Dismissal, Constructive Dismissal, Procedural Fairness, Fixed Term Contracts
Labour Law Civil Procedure Review of Arbitration Award Onus of Proof in Dismissal Constructive Dismissal Procedural Fairness Fixed Term Contracts

Case Brief

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Parties

Cementation (African Contractors) (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

A. Kriel NO

Respondent

National Union of Mineworkers on behalf of J. Motsanana

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by insisting on completion of evidence within the allocated time period.
  2. 2 Whether the arbitrator failed to appreciate the true issue in dispute, namely whether Mr Motsanana had deserted or was dismissed.
  3. 3 Whether the arbitrator exceeded his powers by hearing the dispute instead of referring it to the Labour Court under section 191(5)(b).

Ratio Decidendi

The court found that the arbitrator did not commit a gross irregularity by managing the arbitration within the allocated time and requiring only relevant evidence. The applicant's representative did not request a postponement or indicate any inability to proceed, and it was not incumbent on the arbitrator to adjourn the proceedings mero motu. The arbitrator correctly identified the central issue as whether Mr Motsanana had been dismissed or had deserted, and applied the correct onus of proof by allowing Mr Motsanana to lead evidence first. The arbitrator preferred the oral evidence of Mr Motsanana over hearsay and untested documentary evidence presented by the applicant. The arbitrator...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.