Francis Baard District Municipality v Rex N.O (JA29/2015,JR1000/2011) [2016] ZALAC 81 (28 June 2016)

Francis Baard District Municipality v Rex N.O (JA29/2015,JR1000/2011) [2016] ZALAC 81 (28 June 2016)

The Labour Appeal Court held that the missing parts of the arbitration record were material to the determination of the review application, as the grounds of review depended on factual findings that could not be properly assessed without a complete record. The appellant failed to take all reasonable steps to reconstruct or locate the missing evidence, including not engaging the Commissioner or the Bargaining Council for assistance. The court found that the Labour Court exercised its discretion judiciously and correctly in dismissing the review 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 81
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
JA29/2015,JR1000/2011
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 Record, Right to Fair Hearing, Dismissal of Review Application
Labour Law Civil Procedure Review of Arbitration Award Incomplete Record Reconstruction of Record 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 missing parts of the arbitration record were material to the review application.
  2. 2 Whether the appellant took all reasonable steps to locate or reconstruct the missing parts of the record.
  3. 3 Whether the Labour Court exercised its discretion correctly 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 determination of the review application, as the grounds of review depended on factual findings that could not be properly assessed without a complete record. The appellant failed to take all reasonable steps to reconstruct or locate the missing evidence, including not engaging the Commissioner or the Bargaining Council for assistance. The court found that the Labour Court exercised its discretion judiciously and correctly in dismissing the review 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.
  • The appellant is ordered to pay the costs.