Dinkwenyana and Another v Bokoni Platinum Mine and Others (JS1179/11) [2015] ZALCJHB 446 (1 December 2015)

Dinkwenyana and Another v Bokoni Platinum Mine and Others (JS1179/11) [2015] ZALCJHB 446 (1 December 2015)

The court considered the grounds for leave to appeal advanced by the applicants, including alleged errors in the findings regarding the recording of answers, allocation of marks and percentages, and compliance with interview procedures. The court found that the evidence did not support the applicants' contentions and that the commissioner had properly applied his mind to the facts. The applicant's conduct was found to be in breach of the employer's procedures, and the sanction of dismissal was not shown to be inappropriate under the disciplinary code. The court applied the test for leave to appeal and concluded that there was no reasonable prospect that another court would reach a...

Citation
[2015] ZALCJHB 446
Parties
Applicant: Charles Dinkwenyana; Applicant: National Union of Mineworkers; Respondent: Bokoni Platinum Mine; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Francis Maake Kganyago N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 December 2015
Case Number
JS1179/11
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Shai
Legal Topics
Review of Arbitration Award, Leave to Appeal, Misconduct, Disciplinary Code, Interview Procedure
Labour Law Civil Procedure Review of Arbitration Award Leave to Appeal Misconduct Disciplinary Code Interview Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Dinkwenyana

Applicant

National Union of Mineworkers

Applicant

Bokoni Platinum Mine

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Francis Maake Kganyago N.O

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the court erred in dismissing the review application against the arbitration award.
  2. 2 Whether the applicant complied with the employer's interview procedures and standards.
  3. 3 Whether the applicant's conduct constituted misconduct justifying dismissal.

Ratio Decidendi

The court considered the grounds for leave to appeal advanced by the applicants, including alleged errors in the findings regarding the recording of answers, allocation of marks and percentages, and compliance with interview procedures. The court found that the evidence did not support the applicants' contentions and that the commissioner had properly applied his mind to the facts. The applicant's conduct was found to be in breach of the employer's procedures, and the sanction of dismissal was not shown to be inappropriate under the disciplinary code. The court applied the test for leave to appeal and concluded that there was no reasonable prospect that another court would reach a...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal against the whole judgment is dismissed with costs.