Harmony Gold Mining Co Limited v CCMA and Others (JR385/01) [2001] ZALC 164 (9 October 2001)
- Citation
- [2001] ZALC 164
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court
- Panel
- A A Landman
- Case number
- JR385/01
More details
- Court
- Labour Court
- Panel
- A A Landman
- Case number
- JR385/01
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the arbitrator's summary of the principal witness's evidence conflicted with the statement handed in by consent and with the record. As a result, the arbitration award was not justifiable in relation to the material before the commissioner. The award was set aside and the draft order was made an order of court.
Court disposition
Arbitration award set aside; draft order made an order of court.
Orders
- The arbitration award issued by the CCMA is set aside.
- The draft order is made an order of court.
02
Material facts
Parties
Harmony Gold Mining Co Limited
ApplicantCCMA
RespondentOthers
Respondent03
Procedural history
Posture
Review Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether the arbitration award issued by the CCMA was justifiable based on the evidence presented.
- 02
Whether the arbitrator's summary of evidence conflicted with the agreed statement and the record.
Party arguments
- Applicant
- The applicant argued that the arbitrator's summary of the principal witness's evidence conflicted with the statement handed in by consent and with the record, rendering the award unjustifiable.
- Respondent
- The respondents relied on the arbitration award and the arbitrator's summary of evidence, maintaining that the dismissal was justified.
05
Court’s reasoning
Legal principles
- 01
Labour Relations Act, 66 of 1995
An arbitration award must be justifiable in relation to the material before the commissioner.
- 02
Harmony Gold Mining Co Limited v CCMA and Others (JR385/01) [2001] ZALC 164
Where the arbitrator's summary of evidence conflicts with the agreed statement and the record, the award cannot stand.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the arbitrator's summary of the principal witness's evidence conflicted with the statement handed in by consent and with the record. As a result, the arbitration award was not justifiable in relation to the material before the commissioner. The award was set aside and the draft order was made an order of court.
Obiter and limits
- The reliability of arbitration awards depends on accurate recording and assessment of evidence.
- Where material conflicts exist between the arbitrator's summary and the record, judicial intervention is warranted.
Court disposition
Arbitration award set aside; draft order made an order of court.
- The arbitration award issued by the CCMA is set aside.
- The draft order is made an order of court.
Source and reliance status
Labour Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court
Judgment
JUDGMENT
1 JR385/01-JduP
Sneller Verbatim/JduP
IN THE
LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR385/01
2001-10-09
In the matter between
HARMONY GOLD MINING CO LIMITED Applicant
and
CCMA AND OTHERS Respondents
______________
J U D G M E
N T
LANDMAN, J: The third respondent in this matter was dismissed by the applicant. Thereupon an arbitration hearing took place on 25 August 2000 before an arbitrator of the CCMA, the second respondent in these proceedings.
The arbitrator recorded the evidence which was delivered in the course of the arbitration. He sets out the evidence of one van Zyl, the principal witness on behalf of the applicant. His summary of the evidence of Mr van Zyl, conflicts with the statement which was handed in at the arbitration by consent, and with so much of the record as I have been able to read.
That being so, the award which stems from this is not justifiable in relation to the material which served before the commissioner. The arbitration award is set aside and the draft order is made an order of court. _______ A A Landman Judge of the Labour Court of South Africa ---ooo0ooo---
That being so, the award which stems from this is not justifiable in relation to the material which served before the commissioner. The arbitration award is set aside and the draft order is made an order of court.
_______
A A Landman
Judge of the Labour Court of South Africa
---ooo0ooo---
1
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