Chetty v Rustenburg Platinum Mines Ltd and Others (D663/05) [2008] ZALCD 16 (17 June 2008)

Chetty v Rustenburg Platinum Mines Ltd and Others (D663/05) [2008] ZALCD 16 (17 June 2008)

The court found that, following Sidumo, reviews of commissioner decisions are exceptional and rarely succeed. However, in this case, the respondent's conduct in denying agreement to postpone the matter was found to be dishonourable, which constituted an exceptional circumstance justifying leave to appeal. The seriousness of the finding against a public company warranted consideration by another court. The cross-appeal failed because oral evidence was unnecessary, given the established agreement to postpone and the respondent's dishonourable conduct. The court exercised its discretion not to award costs in the cross-appeal.

Citation
[2008] ZALCD 16
Parties
Applicant: Thamindran Chetty; Respondent: Rustenburg Platinum Mines Ltd; Respondent: Hlalele Molotsi N.O; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
17 June 2008
Case Number
D663/05
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment
Outcome
Leave to appeal granted to the appellant employer; cross-appeal dismissed.
Judges
Pillay D
Legal Topics
Review of Commissioner Decisions, Leave to Appeal, Oral Evidence in Review, Costs Discretion
Labour Law Civil Procedure Review of Commissioner Decisions Leave to Appeal Oral Evidence in Review Costs Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Thamindran Chetty

Applicant

Rustenburg Platinum Mines Ltd

Respondent

Hlalele Molotsi N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Ex Tempore Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted in light of the exceptional nature of review proceedings post-Sidumo.
  2. 2 Whether the respondent litigated honourably in the proceedings before the CCMA.
  3. 3 Whether oral evidence should have been allowed in the review proceedings.

Ratio Decidendi

The court found that, following Sidumo, reviews of commissioner decisions are exceptional and rarely succeed. However, in this case, the respondent's conduct in denying agreement to postpone the matter was found to be dishonourable, which constituted an exceptional circumstance justifying leave to appeal. The seriousness of the finding against a public company warranted consideration by another court. The cross-appeal failed because oral evidence was unnecessary, given the established agreement to postpone and the respondent's dishonourable conduct. The court exercised its discretion not to award costs in the cross-appeal.

Court Disposition

Leave to appeal granted to the appellant employer; cross-appeal dismissed.

Orders

  • Leave to appeal is granted to the appellant employer, with costs to be costs in the appeal.
  • The cross-appeal is dismissed with costs.