Coin Security Group (Pty) Limited v Mshengu and Others (D893/99) [2001] ZALC 2; (2001) 22 ILJ 910 (LC) (8 January 2001)

Coin Security Group (Pty) Limited v Mshengu and Others (D893/99) [2001] ZALC 2; (2001) 22 ILJ 910 (LC) (8 January 2001)

The court found that the commissioner did not commit a gross irregularity in refusing to postpone the arbitration, as the applicant failed to provide adequate reasons for the absence of its representative and did not make arrangements to proceed if the postponement was refused. The alleged application for recusal was not properly made or served, and there was no reasonable apprehension of bias. The parties had agreed to the commissioner acting as interpreter, and no evidence of misinterpretation was presented. However, the commissioner exceeded his powers by awarding compensation in excess of the statutory maximum of twelve months' pay for unfair dismissal for misconduct. The award was...

Citation
[2001] ZALC 2
Parties
Applicant: Coin Security Group (Pty) Limited; Respondent: Benedict Mshengu; Respondent: J Ngwenya; Respondent: The Director of the Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
8 January 2001
Case Number
D893/99
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application succeeds only in respect of excessive compensation; all other grounds fail.
Judges
Maserumule AJ
Legal Topics
Arbitration Review, Postponement of Proceedings, Recusal of Commissioner, Compensation for Unfair Dismissal, Role of Interpreter, Costs Award
Labour Law Civil Procedure Arbitration Review Postponement of Proceedings Recusal of Commissioner Compensation for Unfair Dismissal Role of Interpreter Costs Award

Case Brief

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Parties

Coin Security Group (Pty) Limited

Applicant

Benedict Mshengu

Respondent

J Ngwenya

Respondent

The Director of the Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity by refusing to postpone the arbitration proceedings.
  2. 2 Whether the commissioner should have recused himself due to alleged bias.
  3. 3 Whether the commissioners dual role as interpreter invalidated the proceedings.

Ratio Decidendi

The court found that the commissioner did not commit a gross irregularity in refusing to postpone the arbitration, as the applicant failed to provide adequate reasons for the absence of its representative and did not make arrangements to proceed if the postponement was refused. The alleged application for recusal was not properly made or served, and there was no reasonable apprehension of bias. The parties had agreed to the commissioner acting as interpreter, and no evidence of misinterpretation was presented. However, the commissioner exceeded his powers by awarding compensation in excess of the statutory maximum of twelve months' pay for unfair dismissal for misconduct. The award was...

Court Disposition

Review application succeeds only in respect of excessive compensation; all other grounds fail.

Orders

  • Paragraph 2 of the arbitration award dated 12 July 1999 is reviewed and set aside and substituted with an order for payment of R23,448.00.
  • The amount is payable within seven days of the date of judgment and bears interest at the prescribed rate from 12 July 1999 to date of payment.