EBS Security Admin (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1314/13) [2015] ZALCJHB 347 (6 October 2015)

EBS Security Admin (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1314/13) [2015] ZALCJHB 347 (6 October 2015)

The court held that the applicant failed to provide a complete and legible record of the arbitration proceedings, which is essential for the proper adjudication of a review application. The applicant did not transcribe the handwritten notes or reconstruct the record, nor did it provide justification for this failure. The court rejected the applicant's argument that the review could be determined solely on the award, noting that no gross irregularity was patent from the award itself and that there was a material dispute of fact requiring a full record. The absence of a complete record prevented the court from determining whether a gross irregularity was committed or whether the arbitrator...

Citation
[2015] ZALCJHB 347
Parties
Applicant: EBS Security Admin (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Lufuno Ramabulana NO; Respondent: Andre van der Heever
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 October 2015
Case Number
JR1314/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
Van der Merwe
Legal Topics
Review of Ccma Award, Record of Proceedings, Gross Irregularity, Reasonable Decision Maker
Labour Law Civil Procedure Review of Ccma Award Record of Proceedings Gross Irregularity Reasonable Decision Maker

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 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

EBS Security Admin (Pty) Ltd

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Lufuno Ramabulana NO

Respondent

Andre van der Heever

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the absence of a complete record of arbitration proceedings precludes the court from determining the review application.
  2. 2 Whether the applicant discharged the onus to show that the arbitration award is reviewable.
  3. 3 Whether there are reasonable prospects that another court would reach a different conclusion.

Ratio Decidendi

The court held that the applicant failed to provide a complete and legible record of the arbitration proceedings, which is essential for the proper adjudication of a review application. The applicant did not transcribe the handwritten notes or reconstruct the record, nor did it provide justification for this failure. The court rejected the applicant's argument that the review could be determined solely on the award, noting that no gross irregularity was patent from the award itself and that there was a material dispute of fact requiring a full record. The absence of a complete record prevented the court from determining whether a gross irregularity was committed or whether the arbitrator...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • No order as to costs, as the application was unopposed.