Dinyake v Commission for Conciliation, Mediation and Arbitration and Others (JR2067/19) [2021] ZALCJHB 322 (30 September 2021)

Dinyake v Commission for Conciliation, Mediation and Arbitration and Others (JR2067/19) [2021] ZALCJHB 322 (30 September 2021)

The court found that the record of the arbitration proceedings was incomplete, with the majority of the evidence missing, including the applicant's own evidence and the evidence of the third respondent's witnesses. No attempt was made by the applicant or his attorneys to reconstruct the missing portions or request them from the CCMA. As a result, the matter was not ripe for hearing and could not be properly adjudicated. The application was accordingly struck off the roll.

Citation
[2021] ZALCJHB 322
Parties
Applicant: Koena Brain Dinyake; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Lawrence Nowosenetz; Respondent: EZ Shuttle (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 September 2021
Case Number
JR2067/19
Procedural Posture
Review Application / Struck Off Roll
Outcome
Application struck off the roll due to incomplete record; no order as to costs.
Judges
P Nkutha-Nkontwana
Legal Topics
Review of Arbitration Award, Incomplete Record, Reinstatement, Compensation
Labour Law Civil Procedure Review of Arbitration Award Incomplete Record Reinstatement Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Koena Brain Dinyake

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Lawrence Nowosenetz

Respondent

EZ Shuttle (Pty) Ltd

Respondent

Procedural Posture

Review Application / Struck Off Roll

Legal Issues

  1. 1 Whether the review application can proceed in the absence of a complete record of the arbitration proceedings.
  2. 2 Whether the applicant is entitled to reinstatement rather than compensation.

Ratio Decidendi

The court found that the record of the arbitration proceedings was incomplete, with the majority of the evidence missing, including the applicant's own evidence and the evidence of the third respondent's witnesses. No attempt was made by the applicant or his attorneys to reconstruct the missing portions or request them from the CCMA. As a result, the matter was not ripe for hearing and could not be properly adjudicated. The application was accordingly struck off the roll.

Court Disposition

Application struck off the roll due to incomplete record; no order as to costs.

Orders

  • The matter is struck off the roll.
  • There is no order as to costs.