Harding v Commission for Conciliation, Mediation and Arbitration and Others (JR 2051/2017) [2020] ZALCJHB 163 (25 August 2020)

Harding v Commission for Conciliation, Mediation and Arbitration and Others (JR 2051/2017) [2020] ZALCJHB 163 (25 August 2020)

The court found that the arbitrator had properly assessed the evidence and credibility of the witnesses, distinguishing between the charges of refusal to obey a reasonable instruction and dishonesty. The applicant's grounds for review were vague, unsupported by the record, and impermissibly raised in heads of argument rather than affidavits. The arbitrator's decision fell within the range of reasonable outcomes, and no reviewable irregularity was established. The applicant's conduct in pursuing the review was dilatory and lacked merit, justifying an order for costs against him.

Citation
[2020] ZALCJHB 163
Parties
Applicant: Johan Frederick Harding; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Bonang Matli N.O; Respondent: Assmang Beeshoek Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 August 2020
Case Number
JR 2051/2017
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Dishonesty, Review of Arbitration Award, Procedural Fairness, Substantive Fairness
Labour Law Unfair Dismissal Dishonesty Review of Arbitration Award Procedural Fairness Substantive Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Johan Frederick Harding

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Bonang Matli N.O

Respondent

Assmang Beeshoek Mine

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed any reviewable irregularity in finding the applicant's dismissal fair.
  2. 2 Whether the applicant's dismissal was substantively and procedurally fair.
  3. 3 Whether the grounds for review were properly articulated and supported by evidence.

Ratio Decidendi

The court found that the arbitrator had properly assessed the evidence and credibility of the witnesses, distinguishing between the charges of refusal to obey a reasonable instruction and dishonesty. The applicant's grounds for review were vague, unsupported by the record, and impermissibly raised in heads of argument rather than affidavits. The arbitrator's decision fell within the range of reasonable outcomes, and no reviewable irregularity was established. The applicant's conduct in pursuing the review was dilatory and lacked merit, justifying an order for costs against him.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed, with costs.