FAWU obo Jacobs v Coca Cola (Pty) Ltd and Others (P 374/2008) [2010] ZALC 93 (23 March 2010)

FAWU obo Jacobs v Coca Cola (Pty) Ltd and Others (P 374/2008) [2010] ZALC 93 (23 March 2010)

The court found that the arbitrator's award was reasonable and supported by the evidence presented. The arbitrator was entitled to prefer the employer's version of events, as the applicant's evidence was not corroborated and key aspects were not challenged during the proceedings. The absence of Ms Mason as a witness did not render the arbitration unfair, as Barthop was an eyewitness and her account was subject to scrutiny. The prior incident involving Jacobs was undisputed and relevant to the assessment of his conduct. The applicant failed to demonstrate that the arbitrator's reasoning was one that no reasonable arbitrator could have adopted. Accordingly, the review application was...

Citation
[2010] ZALC 93
Parties
Applicant: FAWU obo Desmond Jacobs; Respondent: Coca Cola (Pty) Ltd; Respondent: Commissioner Mabenge N.O.; Respondent: The Commission for Conciliation, Mediation & Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
23 March 2010
Case Number
P 374/2008
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the commissioner's award is dismissed.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Substantive Fairness
Labour Law Unfair Dismissal Review of Arbitration Award Procedural Fairness Substantive Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

FAWU obo Desmond Jacobs

Applicant

Coca Cola (Pty) Ltd

Respondent

Commissioner Mabenge N.O.

Respondent

The Commission for Conciliation, Mediation & Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award finding the dismissal of Mr Jacobs to be substantively and procedurally fair was reviewable.
  2. 2 Whether the failure to call the complainant, Ms Mason, as a witness rendered the arbitration unfair.
  3. 3 Whether the arbitrator unreasonably preferred the employer's version of events over the applicant's.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and supported by the evidence presented. The arbitrator was entitled to prefer the employer's version of events, as the applicant's evidence was not corroborated and key aspects were not challenged during the proceedings. The absence of Ms Mason as a witness did not render the arbitration unfair, as Barthop was an eyewitness and her account was subject to scrutiny. The prior incident involving Jacobs was undisputed and relevant to the assessment of his conduct. The applicant failed to demonstrate that the arbitrator's reasoning was one that no reasonable arbitrator could have adopted. Accordingly, the review application was...

Court Disposition

Application to review and set aside the commissioner's award is dismissed.

Orders

  • The application to review and set aside the commissioner's award is dismissed.
  • No order as to costs.