CEPPWAWU obo Thoka and Another v National Bargaining Council for the Chemical Industry and Others (JR2624/17) [2021] ZALCJHB 379 (19 October 2021)

CEPPWAWU obo Thoka and Another v National Bargaining Council for the Chemical Industry and Others (JR2624/17) [2021] ZALCJHB 379 (19 October 2021)

The Court found that the arbitrator's decision was reasonable and supported by the evidence. The arbitrator properly considered the circumstantial evidence presented by Afrox, including the seal numbers and the employees' bare denial. The arbitrator was entitled to prefer Afrox's version where the employees failed to present a credible alternative. The breakdown of the trust relationship could be inferred from the nature of the misconduct, and CEPPWAWU did not challenge the existence or reasonableness of the relevant rules. The arbitrator also addressed procedural fairness, including the postponement application and the audi alteram partem rule. The applicant failed to establish any basis...

Citation
[2021] ZALCJHB 379
Parties
Applicant: CEPPWAWU obo Thoka, P & Mbhele, L; Respondent: National Bargaining Council for the Chemical Industry; Respondent: Olota, L N.O.; Respondent: Afrox Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 October 2021
Case Number
JR2624/17
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
Mahosi
Legal Topics
Review of Arbitration Award, Dismissal for Gross Negligence, Procedural Fairness, Breakdown of Trust Relationship
Labour Law Civil Procedure Review of Arbitration Award Dismissal for Gross Negligence Procedural Fairness Breakdown of Trust Relationship

Case Brief

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Parties

CEPPWAWU obo Thoka, P & Mbhele, L

Applicant

National Bargaining Council for the Chemical Industry

Respondent

Olota, L N.O.

Respondent

Afrox Limited

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award was reviewable under section 145 of the Labour Relations Act.
  2. 2 Whether the dismissal of the employees for gross negligence was substantively and procedurally fair.
  3. 3 Whether the arbitrator failed to apply her mind or committed gross irregularities in the proceedings.

Ratio Decidendi

The Court found that the arbitrator's decision was reasonable and supported by the evidence. The arbitrator properly considered the circumstantial evidence presented by Afrox, including the seal numbers and the employees' bare denial. The arbitrator was entitled to prefer Afrox's version where the employees failed to present a credible alternative. The breakdown of the trust relationship could be inferred from the nature of the misconduct, and CEPPWAWU did not challenge the existence or reasonableness of the relevant rules. The arbitrator also addressed procedural fairness, including the postponement application and the audi alteram partem rule. The applicant failed to establish any basis...

Court Disposition

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

Orders

  • The application to review and set aside the arbitration award dated 5 October 2017, issued by the second respondent under the auspices of the first respondent, under case number GPCHEM196-16/17 is dismissed.
  • There is no order as to costs.