Gretev (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR250/07) [2009] ZALCJHB 58 (10 July 2009)

Gretev (Pty) Ltd v Commission for Conciliation Mediation And Arbitration and Others (JR250/07) [2009] ZALCJHB 58 (10 July 2009)

The court found that, on a balance of probabilities, there was sufficient evidence for the arbitrator to conclude that a verbal contract of employment had been concluded between the applicant and the third respondent for the period 1 July to 31 December 2006. The arbitrator's finding was supported by the evidence of the third respondent, the client, and other witnesses, and the credibility finding against the applicant's representative was reasonable. The court held that the arbitrator did not commit a gross irregularity or misdirection, and his award fell within the band of reasonable responses to the evidence. The application to review and set aside the arbitration award was dismissed.

Citation
[2009] ZALCJHB 58
Parties
Applicant: Gretev (Pty) Ltd; Respondent: Commission for Conciliation, Mediation & Arbitration (Limpopo); Respondent: Mannde, Christopher N.O.; Respondent: Curran, William Kay
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 July 2009
Case Number
JR250/07
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed with costs.
Judges
Bhoola
Legal Topics
Unfair Dismissal, Contract of Employment, Review of Arbitration Award, Compensation, Onus of Proof
Labour Law Civil Procedure Unfair Dismissal Contract of Employment Review of Arbitration Award Compensation Onus of Proof

Case Brief

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Parties

Gretev (Pty) Ltd

Applicant

Commission for Conciliation, Mediation & Arbitration (Limpopo)

Respondent

Mannde, Christopher N.O.

Respondent

Curran, William Kay

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether a new contract of employment was concluded between the applicant and the third respondent after the third respondent's resignation.
  2. 2 Whether the arbitrator committed a gross irregularity or misdirection in finding that a contract existed and awarding compensation.
  3. 3 Whether the dismissal of the third respondent was substantively and procedurally unfair.

Ratio Decidendi

The court found that, on a balance of probabilities, there was sufficient evidence for the arbitrator to conclude that a verbal contract of employment had been concluded between the applicant and the third respondent for the period 1 July to 31 December 2006. The arbitrator's finding was supported by the evidence of the third respondent, the client, and other witnesses, and the credibility finding against the applicant's representative was reasonable. The court held that the arbitrator did not commit a gross irregularity or misdirection, and his award fell within the band of reasonable responses to the evidence. The application to review and set aside the arbitration award was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application to review and set aside the arbitration award is dismissed.
  • The applicant is ordered to pay the costs of the application.