Janse van Rensburg v Transnet SOC Ltd and Others (JR1032/13) [2014] ZALCJHB 532 (18 July 2014)

Janse van Rensburg v Transnet SOC Ltd and Others (JR1032/13) [2014] ZALCJHB 532 (18 July 2014)

The arbitrator's finding that the applicant disclosed confidential information to a bidder was reasonable and supported by the probabilities. The applicant's alternative explanation was less probable and not supported by sufficient evidence. However, the arbitrator erred by determining the sanction without allowing the parties to present evidence and submissions on sanction, contrary to the common understanding and procedural fairness. This deprived the parties of a fair trial on sanction and rendered the award defective in respect of sanction. The appropriate relief is to set aside the award only insofar as it determines the sanction and remit the matter for a hearing on sanction before...

Citation
[2014] ZALCJHB 532
Parties
Applicant: Christina Hendrina Janse van Rensburg; Respondent: Transnet SOC Ltd; Respondent: Transnet Bargaining Council; Respondent: Joseph Tsabadi NO
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 July 2014
Case Number
JR1032/13
Procedural Posture
Review Application / Judgment on Review of Pre Dismissal Arbitration Award
Outcome
Award set aside only in respect of sanction; matter remitted for hearing of evidence on sanction before a different arbitrator; no order as to costs.
Judges
Fourie
Legal Topics
Pre Dismissal Arbitration, Misconduct, Confidential Information Disclosure, Review of Arbitration Award, Sanction Hearing
Labour Law Civil Procedure Pre Dismissal Arbitration Misconduct Confidential Information Disclosure Review of Arbitration Award Sanction Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Christina Hendrina Janse van Rensburg

Applicant

Transnet SOC Ltd

Respondent

Transnet Bargaining Council

Respondent

Joseph Tsabadi NO

Respondent

Procedural Posture

Review Application / Judgment on Review of Pre Dismissal Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's finding of guilt on the merits was reasonable and reviewable.
  2. 2 Whether the arbitrator's determination of sanction without hearing evidence on sanction was procedurally fair.
  3. 3 Whether the award should be set aside in whole or only in respect of sanction.

Ratio Decidendi

The arbitrator's finding that the applicant disclosed confidential information to a bidder was reasonable and supported by the probabilities. The applicant's alternative explanation was less probable and not supported by sufficient evidence. However, the arbitrator erred by determining the sanction without allowing the parties to present evidence and submissions on sanction, contrary to the common understanding and procedural fairness. This deprived the parties of a fair trial on sanction and rendered the award defective in respect of sanction. The appropriate relief is to set aside the award only insofar as it determines the sanction and remit the matter for a hearing on sanction before...

Court Disposition

Award set aside only in respect of sanction; matter remitted for hearing of evidence on sanction before a different arbitrator; no order as to costs.

Orders

  • The arbitration award issued by the third respondent under the auspices of the second respondent under case number Tokiso 1444 is reviewed and set aside only to the extent that the award determines a sanction to be imposed on the applicant.
  • The matter is remitted back to the second respondent for an arbitrator other than the third respondent to consider an appropriate penalty to be imposed for the misconduct found to have been committed by the applicant.