Dairybellle (Pty) Ltd v Hempe N.O. And Others (C1214/2001) [2002] ZALC 96 (15 November 2002)

Dairybellle (Pty) Ltd v Hempe N.O. And Others (C1214/2001) [2002] ZALC 96 (15 November 2002)

The court found that the commissioner’s credibility findings were justified and supported by the record, and that the commissioner was best placed to assess the witnesses’ demeanour and reliability. Although the commissioner failed to warn the applicant’s representative about the diminished probative value of evidence read from a prepared text, this irregularity was not gross and did not prevent a fair trial of the issues. The commissioner’s preference for Ndlela’s evidence was rational, and the applicant’s witnesses were found to be evasive, contradictory, and coached. The application for review was therefore dismissed, and the arbitration award finding the dismissals substantively...

Citation
[2002] ZALC 96
Parties
Applicant: Dairybelle (Pty) Ltd; Respondent: Ngcola Hempe N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration (Eastern Cape); Respondent: Food and Allied Workers' Union
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
15 November 2002
Case Number
C1214/2001
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs, including reasonable travelling and accommodation costs for the third respondent.
Judges
Waglay
Legal Topics
Unfair Dismissal, Arbitration Review, Credibility Assessment, Gross Irregularity, Costs Award
Labour Law Unfair Dismissal Arbitration Review Credibility Assessment Gross Irregularity Costs Award

Case Brief

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Parties

Dairybelle (Pty) Ltd

Applicant

Ngcola Hempe N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration (Eastern Cape)

Respondent

Food and Allied Workers' Union

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed a reviewable irregularity in his credibility findings regarding the witnesses.
  2. 2 Whether the failure to warn the applicant about the probative value of evidence read from a prepared text constituted a gross irregularity under section 145 of the Labour Relations Act.
  3. 3 Whether the arbitration award finding the dismissals substantively unfair should be set aside.

Ratio Decidendi

The court found that the commissioner’s credibility findings were justified and supported by the record, and that the commissioner was best placed to assess the witnesses’ demeanour and reliability. Although the commissioner failed to warn the applicant’s representative about the diminished probative value of evidence read from a prepared text, this irregularity was not gross and did not prevent a fair trial of the issues. The commissioner’s preference for Ndlela’s evidence was rational, and the applicant’s witnesses were found to be evasive, contradictory, and coached. The application for review was therefore dismissed, and the arbitration award finding the dismissals substantively...

Court Disposition

Application for review dismissed with costs, including reasonable travelling and accommodation costs for the third respondent.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the third respondent, including reasonable travelling and accommodation costs incurred in opposing the matter.