K W Plant Hire CC v Lambert and Others (D872/05) [2008] ZALCD 7 (21 February 2008)

K W Plant Hire CC v Lambert and Others (D872/05) [2008] ZALCD 7 (21 February 2008)

The court held that the employer failed to establish grounds for review of the arbitration award. The criticisms raised by the employer, even if valid, amounted to allegations of incorrectness rather than unreasonableness. The arbitrator's decision was supported by the evidence, including the circumstances of the retrenchment and the employer's failure to consider alternative positions for the employee. The court found that the retrenchment was manifestly unfair, both substantively and procedurally, and that the employer's explanation for the delay in filing the review was insufficient. The employer did not take adequate steps to ensure timely filing and was inattentive to its...

Citation
[2008] ZALCD 7
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 Durban
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 not reach.
  2. 2 Whether the retrenchment of the employee was substantively and procedurally unfair.
  3. 3 Whether the employer provided sufficient explanation for the delay in filing the review and condonation application.

Ratio Decidendi

The court held that the employer failed to establish grounds for review of the arbitration award. The criticisms raised by the employer, even if valid, amounted to allegations of incorrectness rather than unreasonableness. The arbitrator's decision was supported by the evidence, including the circumstances of the retrenchment and the employer's failure to consider alternative positions for the employee. The court found that the retrenchment was manifestly unfair, both substantively and procedurally, and that the employer's explanation for the delay in filing the review was insufficient. The employer did not take adequate steps to ensure timely filing and was inattentive to its...

Court Disposition

Application for condonation and review dismissed with costs.

Orders

  • The application for condonation for the late filing of the review is dismissed.
  • The review application is dismissed.