EBS Security Admin (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (JR1314/13) [2014] ZALCJHB 522 (17 December 2014)

EBS Security Admin (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (JR1314/13) [2014] ZALCJHB 522 (17 December 2014)

The court held that the absence of a complete record of the arbitration proceedings precluded proper adjudication of the review application. The applicant failed to provide a proper record or attempt reconstruction, which is necessary for the court to assess the reasonableness of the award. The alleged contradictions in the award regarding 'competency certificate' and 'competency card' did not amount to a reviewable irregularity under the Sidumo test. The application was therefore dismissed on the ground of an incomplete record.

Citation
[2014] ZALCJHB 522
Parties
Applicant: EBS Security Admin (Pty) Ltd; Respondent: Commission for Conciliation, Mediation And Arbitration; Respondent: Commissioner Lufuno Ramabulana; Respondent: André van der Heever
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 December 2014
Case Number
JR1314/13
Procedural Posture
Review Application / Judgment
Outcome
Application to review the arbitration award is dismissed.
Judges
G van der Merwe
Legal Topics
Review of Arbitration Award, Incomplete Record, Sidumo Test, Labour Relations Act, Arbitration Procedure
Labour Law Civil Procedure Review of Arbitration Award Incomplete Record Sidumo Test Labour Relations Act Arbitration Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

EBS Security Admin (Pty) Ltd

Applicant

Commission for Conciliation, Mediation And Arbitration

Respondent

Commissioner Lufuno Ramabulana

Respondent

André van der Heever

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the review application can be determined in the absence of a complete arbitration record.
  2. 2 Whether the alleged contradictions in the arbitration award constitute a reviewable irregularity under the Sidumo test.
  3. 3 Whether the applicant was obliged to reconstruct or transcribe the record for proper adjudication.

Ratio Decidendi

The court held that the absence of a complete record of the arbitration proceedings precluded proper adjudication of the review application. The applicant failed to provide a proper record or attempt reconstruction, which is necessary for the court to assess the reasonableness of the award. The alleged contradictions in the award regarding 'competency certificate' and 'competency card' did not amount to a reviewable irregularity under the Sidumo test. The application was therefore dismissed on the ground of an incomplete record.

Court Disposition

Application to review the arbitration award is dismissed.

Orders

  • The application to review the arbitration award issued by the Second Respondent is dismissed.
  • There is no order as to costs.