Independent Concrete Mthatha CC v Commission for Conciliation Mediation and Arbitration and Others (PR 276/14) [2017] ZALCPE 33; [2018] 3 BLLR 286 (LC) (24 November 2017)

Independent Concrete Mthatha CC v Commission for Conciliation Mediation and Arbitration and Others (PR 276/14) [2017] ZALCPE 33; [2018] 3 BLLR 286 (LC) (24 November 2017)

The court found that the commissioner’s decision was reasonable and based on unchallenged evidence that the applicant contributed to the incident by failing to provide adequate safety measures. The disciplinary code did not prescribe automatic dismissal for repeated misconduct while a final written warning subsisted; dismissal was only one of several possible sanctions. The applicant failed to establish valid grounds for review, and the commissioner’s value judgment was not unreasonable. The award fell within the bounds of reasonableness and was not reviewable.

Citation
[2017] ZALCPE 33
Parties
Applicant: Independent Concrete Mthatha CC; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Nozigqwaba M N.O; Respondent: NUM obo Limekhaya, V.E
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 November 2017
Case Number
PR 276/14
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; arbitration award stands.
Judges
Lallie
Legal Topics
Unfair Dismissal, Disciplinary Code, Review of Arbitration Award, Final Written Warning
Labour Law Unfair Dismissal Disciplinary Code Review of Arbitration Award Final Written Warning

Case Brief

Summary, issues, holding and outcome

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Parties

Independent Concrete Mthatha CC

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Nozigqwaba M N.O

Respondent

NUM obo Limekhaya, V.E

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed gross irregularities or exceeded his powers in the arbitration award.
  2. 2 Whether the dismissal of the third respondent was substantively fair given the circumstances and the disciplinary code.
  3. 3 Whether the applicant established valid grounds for the Labour Court to interfere with the commissioner’s value judgment.

Ratio Decidendi

The court found that the commissioner’s decision was reasonable and based on unchallenged evidence that the applicant contributed to the incident by failing to provide adequate safety measures. The disciplinary code did not prescribe automatic dismissal for repeated misconduct while a final written warning subsisted; dismissal was only one of several possible sanctions. The applicant failed to establish valid grounds for review, and the commissioner’s value judgment was not unreasonable. The award fell within the bounds of reasonableness and was not reviewable.

Court Disposition

Application for review dismissed; arbitration award stands.

Orders

  • The application for review is dismissed.