Harmony Gold Mining Co Limited v CCMA and Others (JR385/01) [2001] ZALC 164 (9 October 2001)

Harmony Gold Mining Co Limited v CCMA and Others (JR385/01) [2001] ZALC 164 (9 October 2001)

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.

Citation
[2001] ZALC 164
Parties
Applicant: Harmony Gold Mining Co Limited; Respondent: CCMA; Respondent: Others
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 October 2001
Case Number
JR385/01
Procedural Posture
Review Application / Judgment
Outcome
Arbitration award set aside; draft order made an order of court.
Judges
A A Landman
Legal Topics
Arbitration Review, Unfair Dismissal, Ccma Award, Evidence Conflict
Labour Law Arbitration Review Unfair Dismissal Ccma Award Evidence Conflict

Case Brief

Summary, issues, holding and outcome

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Parties

Harmony Gold Mining Co Limited

Applicant

CCMA

Respondent

Others

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the CCMA was justifiable based on the evidence presented.
  2. 2 Whether the arbitrator's summary of evidence conflicted with the agreed statement and the record.

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.

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.