Gull Foods (Pty) Ltd v Matlala NO and Others (J 1869/00) [2003] ZALC 179 (20 October 2003)

Gull Foods (Pty) Ltd v Matlala NO and Others (J 1869/00) [2003] ZALC 179 (20 October 2003)

The court found that the arbitrator failed to properly evaluate the evidence, including the uncontested blood test results and the admission of guilt at the disciplinary enquiry. The arbitrator's refusal to accept the blood test results without expert evidence was overly technical and unjustified, as the results were not disputed. Furthermore, the absence of a record of the arbitration proceedings, due to the CCMA's loss of the file, constituted an independent ground for setting aside the award. The applicant's right of review outweighed any prejudice to the respondent, and the matter was referred back to the CCMA for rehearing before a different commissioner.

Citation
[2003] ZALC 179
Parties
Applicant: Gull Foods (Pty) Ltd; Respondent: Matlala, L N N.O.; Respondent: CCMA; Respondent: Galela, B D
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 October 2003
Case Number
J 1869/00
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award set aside and matter referred back to CCMA for rehearing before a different commissioner.
Judges
A Van Niekerk
Legal Topics
Review of Arbitration Award, Admissibility of Evidence, Procedural Fairness, Substantive Fairness, Reinstatement, Compensation
Labour Law Civil Procedure Review of Arbitration Award Admissibility of Evidence Procedural Fairness Substantive Fairness Reinstatement Compensation

Case Brief

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Parties

Gull Foods (Pty) Ltd

Applicant

Matlala, L N N.O.

Respondent

CCMA

Respondent

Galela, B D

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award reinstating the third respondent and ordering compensation was justifiable on the evidence before the arbitrator.
  2. 2 Whether the absence of a record of arbitration proceedings is a ground for setting aside the award.
  3. 3 Whether the arbitrator erred in refusing to accept the blood test results without expert evidence.

Ratio Decidendi

The court found that the arbitrator failed to properly evaluate the evidence, including the uncontested blood test results and the admission of guilt at the disciplinary enquiry. The arbitrator's refusal to accept the blood test results without expert evidence was overly technical and unjustified, as the results were not disputed. Furthermore, the absence of a record of the arbitration proceedings, due to the CCMA's loss of the file, constituted an independent ground for setting aside the award. The applicant's right of review outweighed any prejudice to the respondent, and the matter was referred back to the CCMA for rehearing before a different commissioner.

Court Disposition

Arbitration award set aside and matter referred back to CCMA for rehearing before a different commissioner.

Orders

  • The award made by the first respondent dated 27 March 2000 under case number GA 56865 is reviewed and set aside.
  • The matter is referred back to the CCMA for rehearing before a different commissioner.