South Africa Judgment

Labour Court Johannesburg

Emfuleni Local Municipality v Munayi NO and Others (JR73/2020) [2021] ZALCJHB 363 (19 October 2021)

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Source document

01

Holding and result

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.

02

Material facts

Parties

Emfuleni Local Municipality

Applicant Counsel: N Kekana

N Munayi N.O.

Respondent

SALGB

Respondent

Florence Molefe Ranake

Respondent

03

Procedural history

  1. Posture

    Review Application / Judgment

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contended that the commissioner committed a reviewable irregularity by permitting the third respondent to present her evidence by reading from her cell phone, which undermined the integrity of the proceedings. Furthermore, the applicant argued that the commissioner failed to determine the fairness of the suspension and erroneously ordered the withdrawal of disciplinary charges without proper adjudication.
Respondent
The application was unopposed; no arguments were submitted by any respondent.

05

Court’s reasoning

  1. 01

    Labour Relations Act, 66 of 1995

    A commissioner must ensure that arbitration proceedings are conducted fairly and in accordance with established rules of evidence.

  2. 02

    Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC)

    A commissioner is required to determine all material disputes before making an order affecting the parties.

06

Ratio, limits and disposition

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.

Obiter and limits

  • The court noted that arbitration proceedings must adhere to basic standards of fairness and procedural propriety.
  • The absence of opposition does not relieve the court of its duty to scrutinize the record for reviewable irregularities.

Court disposition

Application for review granted; arbitration award set aside and matter remitted for fresh hearing.

  • 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.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Judgment

[2021] ZALCJHB 363

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.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC)

Case cited

Labour Relations Act, 66 of 1995

Legislation

Legislation referenced in the available case record.

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