Emfuleni Local Municipality v Munayi NO and Others (JR73/2020) [2021] ZALCJHB 363 (19 October 2021)
The court found that the commissioner committed a reviewable irregularity by permitting the third respondent to read her evidence from her cell phone, which compromised the fairness of the proceedings. Additionally, the commissioner failed to determine the alleged unfair suspension and instead ordered the withdrawal...
Source-derived case information.
- Citation
- [2021] ZALCJHB 363
- Parties
- Applicant: Emfuleni Local Municipality; Respondent: N Munayi N.O.; Respondent: SALGB; Respondent: Florence Molefe Ranake
- Court
- Labour Court Johannesburg
- Jurisdiction
- South Africa
- Case Number
- JR73/2020
- Procedural Posture
- Review Application / Judgment
- Outcome
- Application for review granted; arbitration award set aside and matter remitted for fresh hearing.
- Judges
- F Coetzee
- Legal Topics
- Review of Arbitration Award, Unfair Suspension, Disciplinary Enquiry, Remittal for Fresh Hearing
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emfuleni Local Municipality
Applicant
N Munayi N.O.
Respondent
SALGB
Respondent
Florence Molefe Ranake
Respondent
Procedural Posture
Review Application / Judgment
Legal Issues
- 1 Whether the commissioner erred by allowing the third respondent to read her evidence from her cell phone during arbitration.
- 2 Whether the commissioner failed to determine the alleged unfair suspension and incorrectly ordered withdrawal of disciplinary charges.
- 3 Whether the arbitration award should be reviewed and set aside.
Ratio Decidendi
The court found that the commissioner committed a reviewable irregularity by permitting the third respondent to read her evidence from her cell phone, which compromised the fairness of the proceedings. Additionally, the commissioner failed to determine the alleged unfair suspension and instead ordered the withdrawal of disciplinary charges without proper adjudication. These errors rendered the arbitration award reviewable. Consequently, the award was set aside and the matter remitted for a fresh hearing before a different commissioner.
Court Disposition
Application for review granted; arbitration award set aside and matter remitted for fresh hearing.
Orders
- The arbitration award under case no GPD041910 is reviewed and set aside.
- The matter is remitted back to the SALGBC for a fresh hearing before a commissioner other than N Munayi.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG
Not Reportable
Not of interest to other judges
Case no: JR 73-2020
In the matter between:
EMFULENI LOCAL MUNICIPALITY Applicant
and
N MUNAYI N.O. First
Respondent
SALGB Second
Respondent
FLORENCE MOLEFE RANAKE Third
respondent
Heard: 19 October 2021
Delivered: This judgment was handed down electronically by circulation to the parties’ representatives by email and release to SAFLII. The date and time for hand-down is deemed to be 10h00 on 19 October 2021.
Summary: Review
JUDGMENT
COETZEE AJ
[1] This is a very brief synopsis of this matter.
[2] The applicant approaches this Court to review and set aside an arbitration award. The application is unopposed.
[3] The complaint in essence is that the commissioner allowed the third respondent to testify by reading her evidence from text on her cell phone.
[4] The second ground is that the commissioner held that an unfair suspension rendered the outcome of the disciplinary enquiry invalid. The commissioner erroneously did not determine the alleged unfair suspension but ordered that the disciplinary charges be withdrawn.
[5] The applicant is entitled to relief.
Order
[6] I make the following order:
1. The arbitration award under case no GPD041910 is reviewd and set aside and the matter is remitted back to the SALGBC for a fresh hearing before a Commissioner other than N Munyai
F. Coetzee
Acting Judge of the Labour Court of South Africa
Appearances
For the applicant: Adv N Kekana
Instructed by: Leepile Attorneys Inc.