Erasmus v Commission for Conciliation, Mediation and Arbitration and Others (JR36/04) [2009] ZALC 21 (19 February 2009)

Erasmus v Commission for Conciliation, Mediation and Arbitration and Others (JR36/04) [2009] ZALC 21 (19 February 2009)

The court found that while the commissioner made a mistake of fact regarding the issuance of a final written warning, this error was not fundamental and did not amount to a gross irregularity. The applicant had previously been found guilty of similar misconduct and had failed to comply with conditions imposed after the first disciplinary process. The applicant did not provide sufficient medical evidence to justify his absence or his inability to communicate with the employer. The court held that the commissioner fully and fairly considered the issues and that the conclusion reached was one that a reasonable decision-maker could have made. The applicant was afforded a procedurally fair...

Citation
[2009] ZALC 21
Parties
Applicant: Colin Clinton Erasmus; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Terry Moodley N.O.; Respondent: Telkom SA Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 February 2009
Case Number
JR36/04
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Representation Rights, Gross Irregularity
Labour Law Unfair Dismissal Procedural Fairness Substantive Fairness Representation Rights Gross Irregularity

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Clinton Erasmus

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Terry Moodley N.O.

Respondent

Telkom SA Limited

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal of the applicant to be procedurally and substantively fair should be set aside on review.
  2. 2 Whether the applicant was denied a fair hearing due to alleged lack of representation and postponement.
  3. 3 Whether the commissioner's mistake of fact regarding a final written warning constituted a gross irregularity justifying interference with the award.

Ratio Decidendi

The court found that while the commissioner made a mistake of fact regarding the issuance of a final written warning, this error was not fundamental and did not amount to a gross irregularity. The applicant had previously been found guilty of similar misconduct and had failed to comply with conditions imposed after the first disciplinary process. The applicant did not provide sufficient medical evidence to justify his absence or his inability to communicate with the employer. The court held that the commissioner fully and fairly considered the issues and that the conclusion reached was one that a reasonable decision-maker could have made. The applicant was afforded a procedurally fair...

Court Disposition

The review application is dismissed.

Orders

  • The review application is dismissed.
  • There is no order as to costs.