Engedi Electrical CC v National Bargaining Council for the Electrical Industry and Another (C260/18) [2019] ZALCCT 17 (24 July 2019)

Engedi Electrical CC v National Bargaining Council for the Electrical Industry and Another (C260/18) [2019] ZALCCT 17 (24 July 2019)

The court found that the arbitrator acted reasonably in his assessment of the evidence and the procedure adopted. The parties agreed to the issue to be determined and the manner of proceedings, and at no point did the applicant object or request to call witnesses or cross-examine. The arbitrator considered the...

Source-derived case information.

Citation
[2019] ZALCCT 17
Parties
Applicant: Engedi Electrical CC; Respondent: National Bargaining Council for the Electrical Industry; Respondent: M Patel N.O
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
24 July 2019
Case Number
C260/18
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
D Mahosi
Legal Topics
Arbitration Review, Main Collective Agreement, Personal Liability of Employer, Procedural Fairness, Cross Examination Rights
Labour Law Civil Procedure Arbitration Review Main Collective Agreement Personal Liability of Employer Procedural Fairness Cross Examination Rights

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Parties

Engedi Electrical CC

Applicant

National Bargaining Council for the Electrical Industry

Respondent

M Patel N.O

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's decision to dismiss the applicant's claim was one that a reasonable decision-maker could not reach.
  2. 2 Whether the arbitrator failed to allow the parties to testify under oath and to test evidence through cross-examination.
  3. 3 Whether the arbitrator failed to consider documentary evidence presented by the applicant as proof of compliance with the Main Agreement.

Ratio Decidendi

The court found that the arbitrator acted reasonably in his assessment of the evidence and the procedure adopted. The parties agreed to the issue to be determined and the manner of proceedings, and at no point did the applicant object or request to call witnesses or cross-examine. The arbitrator considered the submissions and documentary evidence and preferred the first respondent's version on the probabilities. The applicant failed to establish any basis for review, as there was no misconduct, gross irregularity, or excess of powers. The arbitrator's decision was not one that a reasonable decision-maker could not reach, and thus the application for review was dismissed.

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award issued by the second respondent under the auspices of the first respondent dated 12 March 2018 under case number ECI078/17RTB is dismissed.
  • There is no order as to costs.