East Rand Gold and Another v Commission for Conciliation Mediation and Others (J 1351/97) [1999] ZALC 70 (7 May 1999)

East Rand Gold and Another v Commission for Conciliation Mediation and Others (J 1351/97) [1999] ZALC 70 (7 May 1999)

The court held that the arbitrator, Lebea, properly considered and evaluated all the evidence placed before him and made findings on a balance of probabilities. The arbitrator's decision not to make explicit credibility findings was not a gross irregularity, given the informal nature of CCMA proceedings and the discretion afforded to commissioners. The deficiencies identified in the applicant's evidence were not fanciful and the arbitrator's reasons were rationally justifiable. The disciplinary process followed the parties' agreed code, and the arbitrator's conclusion regarding institutional bias was reasonable in context. The court found no basis to interfere with the award on review, as...

Citation
[1999] ZALC 70
Parties
Applicant: East Rand Gold and Uranium Co Ltd; Respondent: The Commission for Conciliation Mediation and Arbitration; Respondent: J.N Lebea; Respondent: A.A Shabalala; Respondent: SS Msibi; Respondent: MJ Cashibe; Respondent: LJ Dube; Respondent: I Tshabalala; Respondent: National Union of Mineworkers
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 May 1999
Case Number
J 1351/97
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed; costs awarded against the applicant.
Judges
Mlambo
Legal Topics
Arbitration Review, Unfair Dismissal, Credibility of Witnesses, Disciplinary Code, Administrative Action, Costs Award
Labour Law Civil Procedure Arbitration Review Unfair Dismissal Credibility of Witnesses Disciplinary Code Administrative Action Costs Award

Case Brief

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Parties

East Rand Gold and Uranium Co Ltd

Applicant

The Commission for Conciliation Mediation and Arbitration

Respondent

J.N Lebea

Respondent

A.A Shabalala

Respondent

SS Msibi

Respondent

MJ Cashibe

Respondent

LJ Dube

Respondent

I Tshabalala

Respondent

National Union of Mineworkers

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by failing to consider the credibility of witnesses.
  2. 2 Whether the arbitration award was rationally justifiable in relation to the reasons given.
  3. 3 Whether the disciplinary proceedings were conducted in accordance with the agreed code and the Labour Relations Act.

Ratio Decidendi

The court held that the arbitrator, Lebea, properly considered and evaluated all the evidence placed before him and made findings on a balance of probabilities. The arbitrator's decision not to make explicit credibility findings was not a gross irregularity, given the informal nature of CCMA proceedings and the discretion afforded to commissioners. The deficiencies identified in the applicant's evidence were not fanciful and the arbitrator's reasons were rationally justifiable. The disciplinary process followed the parties' agreed code, and the arbitrator's conclusion regarding institutional bias was reasonable in context. The court found no basis to interfere with the award on review, as...

Court Disposition

Application for review dismissed; costs awarded against the applicant.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the legal costs of the third to seventh respondents.