Hillside Aluminium (Pty) Ltd v Mathuse and Others (D178/2014) [2016] ZALCD 12; (2016) 37 ILJ 2082 (LC); [2016] 10 BLLR 1041 (LC) (24 May 2016)

Hillside Aluminium (Pty) Ltd v Mathuse and Others (D178/2014) [2016] ZALCD 12; (2016) 37 ILJ 2082 (LC); [2016] 10 BLLR 1041 (LC) (24 May 2016)

The Labour Court found that the arbitrator committed a material irregularity by considering mitigating factors from the disciplinary record that were not properly introduced as evidence at arbitration and by failing to make a finding on whether Mathuse was guilty of gross insubordination. The arbitrator did not independently determine the appropriateness of the sanction, failed to consider all relevant circumstances as required by Sidumo, and deprived the parties of a fair hearing by not alerting them to the evidence he intended to rely on. As a result, the arbitration award was unreasonable and could not stand. The matter was remitted to the MEIBC for a de novo determination on whether...

Citation
[2016] ZALCD 12
Parties
Applicant: Hillside Aluminium (Pty) Ltd; Respondent: Moses Mathuse; Respondent: National Union of Metalworkers of South Africa; Respondent: Metal and Engineering Industries Bargaining Council; Respondent: Humphrey Ndaba N.O.
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
24 May 2016
Case Number
D178/2014
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter remitted to MEIBC for de novo determination on limited issues.
Judges
C Prinsloo
Legal Topics
Unfair Dismissal, Gross Insubordination, Arbitration Review, Procedural Fairness, Natural Justice, Remittal of Matter
Labour Law Civil Procedure Unfair Dismissal Gross Insubordination Arbitration Review Procedural Fairness Natural Justice Remittal of Matter

Case Brief

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Parties

Hillside Aluminium (Pty) Ltd

Applicant

Moses Mathuse

Respondent

National Union of Metalworkers of South Africa

Respondent

Metal and Engineering Industries Bargaining Council

Respondent

Humphrey Ndaba N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity by considering evidence not properly before him.
  2. 2 Whether the arbitrator failed to make a finding on the substantive charge of gross insubordination.
  3. 3 Whether the sanction of dismissal was appropriate under the circumstances.

Ratio Decidendi

The Labour Court found that the arbitrator committed a material irregularity by considering mitigating factors from the disciplinary record that were not properly introduced as evidence at arbitration and by failing to make a finding on whether Mathuse was guilty of gross insubordination. The arbitrator did not independently determine the appropriateness of the sanction, failed to consider all relevant circumstances as required by Sidumo, and deprived the parties of a fair hearing by not alerting them to the evidence he intended to rely on. As a result, the arbitration award was unreasonable and could not stand. The matter was remitted to the MEIBC for a de novo determination on whether...

Court Disposition

Arbitration award reviewed and set aside; matter remitted to MEIBC for de novo determination on limited issues.

Orders

  • The arbitration award issued on 27 November 2013 under case number MEKN 6605 is reviewed and set aside to the extent specified.
  • The arbitrator’s findings on procedural fairness are confirmed.