Impala Platinum Limited v AMCU obo Gadla and Others (JR720/18) [2023] ZALCJHB 287 (18 October 2023)

Impala Platinum Limited v AMCU obo Gadla and Others (JR720/18) [2023] ZALCJHB 287 (18 October 2023)

The Labour Court found that the arbitrator committed a gross irregularity by failing to make a finding on a material charge of misconduct against Mr Monyatsi, which was central to the fairness of his dismissal. The incomplete record prevented the court from assessing the totality of the evidence and the...

Source-derived case information.

Citation
[2023] ZALCJHB 287
Parties
Applicant: Impala Platinum Limited; Respondent: AMCU obo Gadla and 6 Others; Respondent: Commission for Conciliation, Mediation and Arbitration (CCMA); Respondent: Kenneth Dlamini N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 October 2023
Case Number
JR 720/18
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Review application reinstated; arbitration award reviewed and set aside; dispute remitted to CCMA for hearing de novo before a different commissioner; no order as to costs.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Condonation, Incomplete Record, Remittal
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Condonation Incomplete Record Remittal

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Summary, issues, holding and outcome

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Parties

Impala Platinum Limited

Applicant

AMCU obo Gadla and 6 Others

Respondent

Commission for Conciliation, Mediation and Arbitration (CCMA)

Respondent

Kenneth Dlamini N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal substantively unfair should be reviewed and set aside.
  2. 2 Whether the arbitrator committed a gross irregularity by failing to decide a material charge against an employee.
  3. 3 Whether the incomplete record precludes the Labour Court from determining the review application.

Ratio Decidendi

The Labour Court found that the arbitrator committed a gross irregularity by failing to make a finding on a material charge of misconduct against Mr Monyatsi, which was central to the fairness of his dismissal. The incomplete record prevented the court from assessing the totality of the evidence and the reasonableness of the arbitrator's findings. The court held that it would be improper to substitute the outcome of the arbitration with a finding of fair dismissal, as this would prejudice the employees and the court was not in as good a position as the arbitrator to determine the fairness of the dismissal. The most appropriate relief was to remit the dispute to the CCMA for a hearing de...

Court Disposition

Review application reinstated; arbitration award reviewed and set aside; dispute remitted to CCMA for hearing de novo before a different commissioner; no order as to costs.

Orders

  • The review application is reinstated and the applicant's non-compliance with the Practice Manual is condoned.
  • The arbitration award issued on 22 March 2018 under case number NWRB1676-17 is reviewed and set aside.