Gold Fields Mining South Africa (Pty) Ltd Property Division and Others (JR492/07) [2008] ZALCJHB 47 (7 February 2008)

Gold Fields Mining South Africa (Pty) Ltd Property Division and Others (JR492/07) [2008] ZALCJHB 47 (7 February 2008)

The court found that the Commissioner misapplied the rules of evidence by drawing adverse inferences against the Applicant without sufficient basis, particularly regarding the failure to call a witness and produce a clocking card. The Commissioner failed to focus on the central issue of whether threats were made by the employee and instead concentrated on conflicting versions of timing and irrelevant procedural complaints. The finding of procedural unfairness was unsupported by evidence, as the complaint about the chairperson's identity did not constitute a valid ground. The Commissioner also erred by considering evidence from the disciplinary hearing rather than the arbitration....

Citation
[2008] ZALCJHB 47
Parties
Applicant: Gold Fields Mining South Africa (Pty) Limited Property Division; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Nsibanyoni T N.O.; Respondent: Duze AM
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 February 2008
Case Number
JR492/07
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter remitted to the CCMA for consideration by a different Commissioner; no order as to costs.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Procedural Fairness Substantive Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Gold Fields Mining South Africa (Pty) Limited Property Division

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Nsibanyoni T N.O.

Respondent

Duze AM

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal substantively and procedurally unfair was reasonable.
  2. 2 Whether the Commissioner misapplied the rules of evidence in drawing adverse inferences against the Applicant.
  3. 3 Whether the Commissioner failed to consider the evidence presented at arbitration rather than at the disciplinary hearing.

Ratio Decidendi

The court found that the Commissioner misapplied the rules of evidence by drawing adverse inferences against the Applicant without sufficient basis, particularly regarding the failure to call a witness and produce a clocking card. The Commissioner failed to focus on the central issue of whether threats were made by the employee and instead concentrated on conflicting versions of timing and irrelevant procedural complaints. The finding of procedural unfairness was unsupported by evidence, as the complaint about the chairperson's identity did not constitute a valid ground. The Commissioner also erred by considering evidence from the disciplinary hearing rather than the arbitration....

Court Disposition

Arbitration award reviewed and set aside; matter remitted to the CCMA for consideration by a different Commissioner; no order as to costs.

Orders

  • The arbitration award issued by the Second Respondent on 5 February 2007 is reviewed and set aside.
  • The matter is remitted back to the First Respondent for consideration by a Commissioner other than the Second Respondent.