K W Plant Hire CC v Lambert and Others (D872/05) [2008] ZALC 221 (21 February 2008)

K W Plant Hire CC v Lambert and Others (D872/05) [2008] ZALC 221 (21 February 2008)

The court found that none of the applicant's criticisms of the arbitrator's award amounted to grounds for review. Even if the arbitrator's decisions were incorrect, they were not unreasonable in the sense required for review. The evidence showed that the retrenchment was processed with undue haste, and the employer failed to consider retaining the employee in other positions despite his skills. The employer's explanation for the delay in filing the review was insufficient, as it did not account for the steps taken to ensure timely preparation of the affidavit. The employer was not attentive to its responsibilities, and therefore, failed to establish a sufficient basis for condonation....

Citation
[2008] ZALC 221
Parties
Applicant: K W Plant Hire CC; Respondent: B H Lambert; Respondent: P Govindsamy N.O; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
21 February 2008
Case Number
D872/05
Procedural Posture
Review Application / Application for Condonation and Review
Outcome
Application for condonation and review dismissed with costs.
Judges
Pillay D
Legal Topics
Unfair Dismissal, Retrenchment, Condonation, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Retrenchment Condonation Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

K W Plant Hire CC

Applicant

B H Lambert

Respondent

P Govindsamy N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Application for Condonation and Review

Legal Issues

  1. 1 Whether the arbitrator's award was one that a reasonable decision maker could reach.
  2. 2 Whether the retrenchment of the employee was substantively and procedurally fair.
  3. 3 Whether the employer provided sufficient explanation for the delay in filing the review and is entitled to condonation.

Ratio Decidendi

The court found that none of the applicant's criticisms of the arbitrator's award amounted to grounds for review. Even if the arbitrator's decisions were incorrect, they were not unreasonable in the sense required for review. The evidence showed that the retrenchment was processed with undue haste, and the employer failed to consider retaining the employee in other positions despite his skills. The employer's explanation for the delay in filing the review was insufficient, as it did not account for the steps taken to ensure timely preparation of the affidavit. The employer was not attentive to its responsibilities, and therefore, failed to establish a sufficient basis for condonation....

Court Disposition

Application for condonation and review dismissed with costs.

Orders

  • The application for condonation is dismissed.
  • The review application is dismissed.