Communication Workers Union and Others v Commission For Conciliation, Mediation and Arbitration and Others (JR 1354/03) [2008] ZALC 44; [2008] 7 BLLR 625 (LC) (18 April 2008)

Communication Workers Union and Others v Commission For Conciliation, Mediation and Arbitration and Others (JR 1354/03) [2008] ZALC 44; [2008] 7 BLLR 625 (LC) (18 April 2008)

The Labour Court found that the Commissioner failed to properly determine the true nature of the dispute, relying instead on an alleged agreement and unsupported indications that the dismissal was for participation in an unprotected strike. The documentary evidence, including the charge sheet and disciplinary hearing findings, pointed to misconduct as the reason for dismissal. The Commissioner did not hear evidence to clarify the nature of the dispute and thus misdirected himself. The Court held that the Commissioner’s ruling was irrational and must be reviewed and set aside. Furthermore, the applicants provided a reasonable and acceptable explanation for the delay in filing the review...

Citation
[2008] ZALC 44
Parties
Applicant: Communication Workers Union; Applicant: MK Chabangu & 4 Others; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Eric Louw; Respondent: SA Post Office Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
18 April 2008
Case Number
JR 1354/03
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation granted; Commissioner's ruling reviewed and set aside; matter referred back to CCMA for arbitration before a different Commissioner; no order as to costs.
Judges
AC Basson
Legal Topics
Jurisdiction of Ccma, Unfair Dismissal, Condonation for Late Filing, Review of Arbitration Award
Labour Law Civil Procedure Jurisdiction of Ccma Unfair Dismissal Condonation for Late Filing Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Communication Workers Union

Applicant

MK Chabangu & 4 Others

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Eric Louw

Respondent

SA Post Office Limited

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the CCMA had jurisdiction to arbitrate the unfair dismissal dispute.
  2. 2 Whether the Commissioner properly determined the true nature of the dispute.
  3. 3 Whether condonation for the late filing of the review application should be granted.

Ratio Decidendi

The Labour Court found that the Commissioner failed to properly determine the true nature of the dispute, relying instead on an alleged agreement and unsupported indications that the dismissal was for participation in an unprotected strike. The documentary evidence, including the charge sheet and disciplinary hearing findings, pointed to misconduct as the reason for dismissal. The Commissioner did not hear evidence to clarify the nature of the dispute and thus misdirected himself. The Court held that the Commissioner’s ruling was irrational and must be reviewed and set aside. Furthermore, the applicants provided a reasonable and acceptable explanation for the delay in filing the review...

Court Disposition

Application for condonation granted; Commissioner's ruling reviewed and set aside; matter referred back to CCMA for arbitration before a different Commissioner; no order as to costs.

Orders

  • Condonation for the late filing of the review application is granted.
  • The ruling made by the Second Respondent dated 18 December 2002 is reviewed and set aside.