Consol Ltd v Kanjee and Others (JR1118/05) [2007] ZALCJHB 17 (11 December 2007)

Consol Ltd v Kanjee and Others (JR1118/05) [2007] ZALCJHB 17 (11 December 2007)

The commissioner committed a reviewable irregularity by failing to afford both parties an opportunity to address her before making a ruling on the application for further and better particulars and the costs order. The audi alteram partem principle was not observed, which is fundamental to fair proceedings. While the applicant sought further particulars to narrow the issues for arbitration, there is no legal obligation on the first respondent to provide such particulars under the Bargaining Council rules or the Labour Relations Act. The commissioner should have clarified the issues during the arbitration hearing, for example, by requesting opening addresses. The cost order against the...

Citation
[2007] ZALCJHB 17
Parties
Applicant: Consol Limited; Respondent: Karen Lynn Kanjee; Respondent: National Bargaining Council for the Chemical Industry; Respondent: Dreyer, Lynette N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 December 2007
Case Number
JR1118/05
Procedural Posture
Review Application / Judgment on Review of Arbitration Ruling
Outcome
Commissioner's ruling reviewed and set aside; application for further and better particulars dismissed; dispute referred for arbitration before a different commissioner; each party to pay its own costs.
Judges
Francis
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Audi Alteram Partem, Costs Order, Pre Arbitration Procedure
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Audi Alteram Partem Costs Order Pre Arbitration Procedure

Case Brief

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Parties

Consol Limited

Applicant

Karen Lynn Kanjee

Respondent

National Bargaining Council for the Chemical Industry

Respondent

Dreyer, Lynette N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Ruling

Legal Issues

  1. 1 Whether the commissioner committed a reviewable irregularity by failing to afford the parties an opportunity to be heard before making a ruling.
  2. 2 Whether the first respondent was obliged to provide further and better particulars regarding the alleged unfair dismissal.
  3. 3 Whether the cost order against the applicant was justified.

Ratio Decidendi

The commissioner committed a reviewable irregularity by failing to afford both parties an opportunity to address her before making a ruling on the application for further and better particulars and the costs order. The audi alteram partem principle was not observed, which is fundamental to fair proceedings. While the applicant sought further particulars to narrow the issues for arbitration, there is no legal obligation on the first respondent to provide such particulars under the Bargaining Council rules or the Labour Relations Act. The commissioner should have clarified the issues during the arbitration hearing, for example, by requesting opening addresses. The cost order against the...

Court Disposition

Commissioner's ruling reviewed and set aside; application for further and better particulars dismissed; dispute referred for arbitration before a different commissioner; each party to pay its own costs.

Orders

  • The ruling made by the commissioner on 14 April 2005 under case number GPCHEM229 is reviewed and set aside.
  • The applicant’s request for further and better particulars is dismissed.