First Garment Rental (Pty) Ltd v Commision for Conciliation, Mediation and Arbitration and Others (JA01/14) [2015] ZALAC 38; [2015] 11 BLLR 1094 (LAC) (9 September 2015)

First Garment Rental (Pty) Ltd v Commision for Conciliation, Mediation and Arbitration and Others (JA01/14) [2015] ZALAC 38; [2015] 11 BLLR 1094 (LAC) (9 September 2015)

The Labour Appeal Court found that the arbitrator was correct in his approach to mutually destructive versions and properly assessed the probabilities. The appellant failed to provide objective evidence of the alleged assault, such as video footage or police reports, and did not discharge the onus of proof. The...

Source-derived case information.

Citation
[2015] ZALAC 38
Parties
Appellant: First Garment Rental (Pty) Ltd; Respondent: Commision for Conciliation, Mediation and Arbitration; Respondent: Commissioner Setlago Morwa; Respondent: South African Transport and Allied Workers Union; Respondent: William Mlangeni; Respondent: Maki Mary Morare
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
9 September 2015
Case Number
JA01/14
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with costs.
Judges
Landman, Sutherland, Mngqibisa-Thusi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Mutually Destructive Versions, Onus of Proof, Reasonableness Standard
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Mutually Destructive Versions Onus of Proof Reasonableness Standard

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Summary, issues, holding and outcome

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Parties

First Garment Rental (Pty) Ltd

Appellant

Commision for Conciliation, Mediation and Arbitration

Respondent

Commissioner Setlago Morwa

Respondent

South African Transport and Allied Workers Union

Respondent

William Mlangeni

Respondent

Maki Mary Morare

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by failing to apply his mind to the relevant issues and facts.
  2. 2 Whether the arbitration award was reasonable and supported by the facts.
  3. 3 Whether the dismissal of the fourth and fifth respondents was substantively unfair.

Ratio Decidendi

The Labour Appeal Court found that the arbitrator was correct in his approach to mutually destructive versions and properly assessed the probabilities. The appellant failed to provide objective evidence of the alleged assault, such as video footage or police reports, and did not discharge the onus of proof. The arbitrator's conclusion that the dismissal of Mlangeni and Morare was substantively unfair was reasonable and fell within the band of reasonableness required by law. The Labour Court's judgment upholding the arbitrator's award was therefore correct, and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.