Computicket v Marcus N.O and Others (J118/98) [1998] ZALC 52 (11 August 1998)

Computicket v Marcus N.O and Others (J118/98) [1998] ZALC 52 (11 August 1998)

The court held that the commissioner gave serious and comprehensive consideration to the facts and that his findings were reasonable. Although the judge may have reached a different conclusion on the merits, the test is whether the arbitrator's decision was justifiable and reasonable, not whether it was correct. The arbitrator's conclusion that dismissal was not warranted and that compensation of R11,500 was appropriate was within the bounds of reasonableness. The application for review and setting aside of the award was therefore dismissed.

Citation
[1998] ZALC 52
Parties
Applicant: Computicket; Respondent: Marcus, M H, NO; Respondent: Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 August 1998
Case Number
J118/98
Procedural Posture
Review Application / Judgment
Outcome
Application for review and setting aside of the arbitration award is dismissed with costs. The arbitration award is made an order of the court.
Judges
Brassey
Legal Topics
Review of Arbitration Award, Dismissal for Misconduct, Compensation Award, Code of Good Practice, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Dismissal for Misconduct Compensation Award Code of Good Practice Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Computicket

Applicant

Marcus, M H, NO

Respondent

Others

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the first respondent was reviewable under section 158(1)(g) of the Labour Relations Act.
  2. 2 Whether the commissioner misdirected himself in his treatment of the merits and the sanction imposed.
  3. 3 Whether the compensation awarded was supported by evidence and appropriate in the circumstances.

Ratio Decidendi

The court held that the commissioner gave serious and comprehensive consideration to the facts and that his findings were reasonable. Although the judge may have reached a different conclusion on the merits, the test is whether the arbitrator's decision was justifiable and reasonable, not whether it was correct. The arbitrator's conclusion that dismissal was not warranted and that compensation of R11,500 was appropriate was within the bounds of reasonableness. The application for review and setting aside of the award was therefore dismissed.

Court Disposition

Application for review and setting aside of the arbitration award is dismissed with costs. The arbitration award is made an order of the court.

Orders

  • The application for review and setting aside of the order of the first respondent dated 14 October 1997 in the arbitration proceedings under Case No. GA 8012 is dismissed with costs.
  • The arbitration award is made an order of the Labour Court pursuant to the Act.