Intersite Property Management Services v Mchuba and Others (JR1343/2011) [2013] ZALCJHB 217 (13 August 2013)

Intersite Property Management Services v Mchuba and Others (JR1343/2011) [2013] ZALCJHB 217 (13 August 2013)

The court found that the commissioner failed to properly consider the grounds for postponement and the prejudice to the applicant, particularly in relation to the second application for adjournment to secure witnesses. The commissioner’s refusal to revisit the postponement application and denial of a short adjournment was unreasonable, especially as the witnesses were nearby and their evidence was material to the applicant’s case. The court held that the commissioner committed a gross irregularity by prioritizing expediency over justice, resulting in prejudice to the applicant. Furthermore, the award of a 20% performance bonus to the first respondent was not supported by the remuneration...

Citation
[2013] ZALCJHB 217
Parties
Applicant: Intersite Property Management Services; Respondent: Khululekile Mchuba; Respondent: Commissioner for Conciliation, Mediation and Arbitration; Respondent: Commissioner Kathlolo Wabile (N.O.)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 August 2013
Case Number
JR1343/2011
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Application for review upheld; CCMA award set aside; matter referred back for arbitration before a different commissioner; no order as to costs.
Judges
Lancaster
Legal Topics
Unfair Labour Practice, Postponement of Proceedings, Arbitration Review, Performance Bonus Dispute
Labour Law Civil Procedure Unfair Labour Practice Postponement of Proceedings Arbitration Review Performance Bonus Dispute

Case Brief

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Parties

Intersite Property Management Services

Applicant

Khululekile Mchuba

Respondent

Commissioner for Conciliation, Mediation and Arbitration

Respondent

Commissioner Kathlolo Wabile (N.O.)

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity by refusing the applicant's requests for postponement to secure witnesses.
  2. 2 Whether the commissioner’s award of a 20% performance bonus to the first respondent was reasonable and supported by the evidence.

Ratio Decidendi

The court found that the commissioner failed to properly consider the grounds for postponement and the prejudice to the applicant, particularly in relation to the second application for adjournment to secure witnesses. The commissioner’s refusal to revisit the postponement application and denial of a short adjournment was unreasonable, especially as the witnesses were nearby and their evidence was material to the applicant’s case. The court held that the commissioner committed a gross irregularity by prioritizing expediency over justice, resulting in prejudice to the applicant. Furthermore, the award of a 20% performance bonus to the first respondent was not supported by the remuneration...

Court Disposition

Application for review upheld; CCMA award set aside; matter referred back for arbitration before a different commissioner; no order as to costs.

Orders

  • The application for review is upheld and the award of the CCMA under case number GAJB31597/10 is reviewed and set aside.
  • The matter is referred back to the CCMA for arbitration before a different commissioner than the third respondent.