Food and Allied Workers Union and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR614/16) [2017] ZALCJHB 233 (6 June 2017)

Food and Allied Workers Union and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR614/16) [2017] ZALCJHB 233 (6 June 2017)

The court found that the arbitrator had properly considered the evidence presented, including the inconsistencies in Mr Chauke's testimony, and had reached a reasonable conclusion based on the probabilities. The arbitrator was not required to apply the criminal standard of proof but rather the civil standard of a preponderance of probability. The evidence supported the finding that the employee had damaged and concealed the damage to the hired vehicle. The arbitrator's award satisfied all the requirements for a reasonable decision-maker, and the grounds for review advanced by the applicants amounted to an appeal rather than a proper review. Accordingly, the review application failed.

Citation
[2017] ZALCJHB 233
Parties
Applicant: Food and Allied Workers Union; Applicant: M. Makwabe; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: M Phala N.O.; Respondent: South African Breweries Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 June 2017
Case Number
JR 614/16
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Review application dismissed. Costs awarded against the First Applicant.
Judges
S Mabaso
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Burden of Proof
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Procedural Fairness Substantive Fairness Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Food and Allied Workers Union

Applicant

M. Makwabe

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

M Phala N.O.

Respondent

South African Breweries Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the arbitrator properly considered the principal issue before him and evaluated the facts presented at the hearing.
  2. 2 Whether the arbitrator's conclusion was reasonable based on the evidence.
  3. 3 Whether the dismissal of the employee was procedurally and substantively fair.

Ratio Decidendi

The court found that the arbitrator had properly considered the evidence presented, including the inconsistencies in Mr Chauke's testimony, and had reached a reasonable conclusion based on the probabilities. The arbitrator was not required to apply the criminal standard of proof but rather the civil standard of a preponderance of probability. The evidence supported the finding that the employee had damaged and concealed the damage to the hired vehicle. The arbitrator's award satisfied all the requirements for a reasonable decision-maker, and the grounds for review advanced by the applicants amounted to an appeal rather than a proper review. Accordingly, the review application failed.

Court Disposition

Review application dismissed. Costs awarded against the First Applicant.

Orders

  • The review application is dismissed.
  • The First Applicant is to pay the costs.