Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015) [2016] ZALAC 33; [2016] 10 BLLR 1009 (LAC); (2016) 37 ILJ 2560 (LAC) (28 June 2016)

Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015) [2016] ZALAC 33; [2016] 10 BLLR 1009 (LAC); (2016) 37 ILJ 2560 (LAC) (28 June 2016)

The Labour Appeal Court held that the missing parts of the arbitration record were material to the grounds of review, which challenged the factual findings of the commissioner. The appellant failed to take all reasonable steps to reconstruct the record, including not approaching the arbitrator or other parties for assistance. The court found that without the missing evidence, it was impossible to fairly adjudicate the review application. The Labour Court exercised its discretion judiciously in dismissing the application, prioritizing the employee's right to speedy dispute resolution over the appellant's right to review. The appeal was dismissed with costs.

Citation
[2016] ZALAC 33
Parties
Appellant: Francis Baard District Municipality; Respondent: Rex, C N.O.; Respondent: South African Local Government Bargaining Council; Respondent: SAMWU obo L H Shushu
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
28 June 2016
Case Number
JR1000/2011, JA29/2015
Procedural Posture
Review Application / Appeal
Outcome
Appeal dismissed with costs.
Judges
C J Musi, Davis, Murphy
Legal Topics
Review of Arbitration Award, Incomplete Record, Reconstruction of Evidence, Right to Fair Hearing, Dismissal of Review Application
Labour Law Civil Procedure Review of Arbitration Award Incomplete Record Reconstruction of Evidence Right to Fair Hearing Dismissal of Review Application

Case Brief

Summary, issues, holding and outcome

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Parties

Francis Baard District Municipality

Appellant

Rex, C N.O.

Respondent

South African Local Government Bargaining Council

Respondent

SAMWU obo L H Shushu

Respondent

Procedural Posture

Review Application / Appeal

Legal Issues

  1. 1 Whether the incomplete record of arbitration proceedings was material to the determination of the review application.
  2. 2 Whether the appellant took all reasonable steps to reconstruct or obtain the missing parts of the record.
  3. 3 Whether the Labour Court correctly exercised its discretion in dismissing the review application due to the incomplete record.

Ratio Decidendi

The Labour Appeal Court held that the missing parts of the arbitration record were material to the grounds of review, which challenged the factual findings of the commissioner. The appellant failed to take all reasonable steps to reconstruct the record, including not approaching the arbitrator or other parties for assistance. The court found that without the missing evidence, it was impossible to fairly adjudicate the review application. The Labour Court exercised its discretion judiciously in dismissing the application, prioritizing the employee's right to speedy dispute resolution over the appellant's right to review. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.