Emfuleni Local Municipality v Munayi NO and Others (JR73/2020) [2021] ZALCJHB 363 (19 October 2021)
- Citation
- [2021] ZALCJHB 363
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- F Coetzee
- Case number
- JR73/2020
More details
- Court
- Labour Court Johannesburg
- Panel
- F Coetzee
- Case number
- JR73/2020
On this page
Professional case brief
Research organized from the available case record
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 KekanaN Munayi N.O.
RespondentSALGB
RespondentFlorence Molefe Ranake
Respondent03
Procedural history
Posture
Review Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether the commissioner erred by allowing the third respondent to read her evidence from her cell phone during arbitration.
- 02
Whether the commissioner failed to determine the alleged unfair suspension and incorrectly ordered withdrawal of disciplinary charges.
- 03
Whether the arbitration award should be reviewed and set aside.
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
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.
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