Dinkwenyana and Another v Bokoni Platinum Mine and Others (JR1179/11) [2014] ZALCJHB 427 (22 October 2014)

Dinkwenyana and Another v Bokoni Platinum Mine and Others (JR1179/11) [2014] ZALCJHB 427 (22 October 2014)

The court found that the delay in filing the review application was not excessive and the explanation was plausible, granting condonation. On the merits, the court held that the commissioner properly investigated the evidence regarding recruitment procedures, allocation of marks, and signing of questionnaires. The applicant failed to explain the allocation of marks and did not follow required procedures. The commissioner applied his mind to the evidence and reached a decision that a reasonable commissioner could have reached. The grounds for review were not established, and the award was not unreasonable or tainted by gross irregularity. The application for review and setting aside of the...

Citation
[2014] ZALCJHB 427
Parties
Applicant: Charles Dinkwenyana; Applicant: National Union of Mine Workers; Respondent: Bokoni Platinum Mine; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Francis Kganyago N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 October 2014
Case Number
JR1179/11
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for review and setting aside of the arbitration award is dismissed. Condonation for late filing is granted.
Judges
Shai
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Substantive Fairness of Dismissal, Gross Irregularity, Misconduct in Employment
Labour Law Civil Procedure Review of Arbitration Award Condonation for Late Filing Substantive Fairness of Dismissal Gross Irregularity Misconduct in Employment

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Dinkwenyana

Applicant

National Union of Mine Workers

Applicant

Bokoni Platinum Mine

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Francis Kganyago N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether condonation for late filing of the review application should be granted.
  2. 2 Whether the arbitration award finding the dismissal substantively fair was reviewable on grounds of gross irregularity or misconduct.
  3. 3 Whether the commissioner failed to properly investigate and apply his mind to the evidence regarding recruitment procedures and allocation of marks.

Ratio Decidendi

The court found that the delay in filing the review application was not excessive and the explanation was plausible, granting condonation. On the merits, the court held that the commissioner properly investigated the evidence regarding recruitment procedures, allocation of marks, and signing of questionnaires. The applicant failed to explain the allocation of marks and did not follow required procedures. The commissioner applied his mind to the evidence and reached a decision that a reasonable commissioner could have reached. The grounds for review were not established, and the award was not unreasonable or tainted by gross irregularity. The application for review and setting aside of the...

Court Disposition

Application for review and setting aside of the arbitration award is dismissed. Condonation for late filing is granted.

Orders

  • The application for review and setting aside of the Third Respondent's award dated 19 March 2014 issued under the auspices of the First Respondent under case no LP 4695-10 is dismissed.
  • The First and Second Respondents are ordered to pay the costs of the application jointly and severally.