Harmony Gold Mining Co Ltd v CCMA and Others (JR385/01) [2001] ZALCJHB 9 (9 October 2001)

Harmony Gold Mining Co Ltd v CCMA and Others (JR385/01) [2001] ZALCJHB 9 (9 October 2001)

The court found that the arbitrator's summary of the principal witness's evidence conflicted with both the written statement submitted by consent and the arbitration record. As a result, the arbitration award was not justifiable in relation to the material before the commissioner. The award was therefore set aside and the draft order was made an order of court.

Citation
[2001] ZALCJHB 9
Parties
Applicant: Harmony Gold Mining Co Limited; Respondent: CCMA; Respondent: Others
Court
Labour Court Johannesburg
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, Evidence Evaluation
Labour Law Arbitration Review Unfair Dismissal Evidence Evaluation

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 was justifiable based on the evidence before the commissioner.
  2. 2 Whether the arbitrator's summary of evidence conflicted with the record and submitted statements.

Ratio Decidendi

The court found that the arbitrator's summary of the principal witness's evidence conflicted with both the written statement submitted by consent and the arbitration record. As a result, the arbitration award was not justifiable in relation to the material before the commissioner. The award was therefore 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 is set aside.
  • The draft order is made an order of court.