D G B (Pty) Ltd v CCMA and Others (J3332/00) [2000] ZALC 17 (22 March 2000)

D G B (Pty) Ltd v CCMA and Others (J3332/00) [2000] ZALC 17 (22 March 2000)

The court found that the arbitrator's award was incomplete due to the failure to provide comprehensive reasons as promised. The reasoning provided was insufficient and did not reference relevant facts, which is required for a proper award under section 138(7) of the Labour Relations Act. The arbitrator's failure to honour the undertaking to provide comprehensive reasons deprived the parties of a fair process. As a result, the award was set aside and the dispute referred back to the CCMA for determination by a different arbitrator. The first and second respondents were ordered to pay the costs of the application jointly and severally, as they were responsible for the incomplete award and...

Citation
[2000] ZALC 17
Parties
Applicant: D G B (Pty) Ltd; Respondent: CCMA; Respondent: B Zwane N.O.; Respondent: B Ngobese; Respondent: Food & Allied Workers Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 March 2000
Case Number
J3332/00
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
Application granted; arbitration award set aside; dispute referred back to CCMA; costs order against first and second respondents.
Judges
E. Revelas
Legal Topics
Review of Arbitration Award, Adequacy of Reasons, Unfair Dismissal, Costs Order
Labour Law Civil Procedure Review of Arbitration Award Adequacy of Reasons Unfair Dismissal Costs Order

Case Brief

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Parties

D G B (Pty) Ltd

Applicant

CCMA

Respondent

B Zwane N.O.

Respondent

B Ngobese

Respondent

Food & Allied Workers Union

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award complied with the requirement to provide adequate reasons under section 138(7) of the Labour Relations Act.
  2. 2 Whether the failure to provide comprehensive reasons renders the award incomplete and subject to being set aside.
  3. 3 Whether the dispute should be referred back to the CCMA for determination by a different arbitrator.

Ratio Decidendi

The court found that the arbitrator's award was incomplete due to the failure to provide comprehensive reasons as promised. The reasoning provided was insufficient and did not reference relevant facts, which is required for a proper award under section 138(7) of the Labour Relations Act. The arbitrator's failure to honour the undertaking to provide comprehensive reasons deprived the parties of a fair process. As a result, the award was set aside and the dispute referred back to the CCMA for determination by a different arbitrator. The first and second respondents were ordered to pay the costs of the application jointly and severally, as they were responsible for the incomplete award and...

Court Disposition

Application granted; arbitration award set aside; dispute referred back to CCMA; costs order against first and second respondents.

Orders

  • The arbitration award made by the second respondent on 7 April 2000 under case number GA55320 is set aside.
  • The dispute which gave rise to the award is referred back to the CCMA for determination by an arbitrator other than the second respondent.