Khosana v Phalane and Others (JR 885/17) [2021] ZALCJHB 50 (29 March 2021)

Khosana v Phalane and Others (JR 885/17) [2021] ZALCJHB 50 (29 March 2021)

The court found that the applicant's explanation for the delay in filing the record was unsatisfactory but not an absolute bar to condonation. Condonation was granted due to the interests of justice. On the merits, the court held that the arbitrator considered all relevant evidence, including the testimony of the applicant's witness, and provided adequate reasons for his findings. The arbitrator's decision was reasonable and justified by the evidence. The applicant's grounds for review did not meet the threshold for review under section 145 of the LRA, as they amounted to an appeal rather than demonstrating misconduct, gross irregularity, or excess of powers. The application to review and...

Citation
[2021] ZALCJHB 50
Parties
Applicant: Kamohelo Mabikinyane Khosana; Respondent: Commissioner: Thabo Phalane; Respondent: Public Health and Social Development Sectional Bargaining Council; Respondent: Department of Health: North West
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2021
Case Number
JR 885/17
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Condonation for the late filing of the review application is granted. The application to review and set aside the arbitration award is dismissed. No order as to costs.
Judges
Mahosi
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Procedural Fairness, Substantive Fairness, Misconduct, Test for Review
Labour Law Review of Arbitration Award Condonation for Late Filing Procedural Fairness Substantive Fairness Misconduct Test for Review

Case Brief

Summary, issues, holding and outcome

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Parties

Kamohelo Mabikinyane Khosana

Applicant

Commissioner: Thabo Phalane

Respondent

Public Health and Social Development Sectional Bargaining Council

Respondent

Department of Health: North West

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application and record.
  2. 2 Whether the arbitration award issued by the first respondent was reviewable under section 145 of the Labour Relations Act.
  3. 3 Whether the arbitrator failed to consider all relevant evidence and properly apply his mind to the facts and law.

Ratio Decidendi

The court found that the applicant's explanation for the delay in filing the record was unsatisfactory but not an absolute bar to condonation. Condonation was granted due to the interests of justice. On the merits, the court held that the arbitrator considered all relevant evidence, including the testimony of the applicant's witness, and provided adequate reasons for his findings. The arbitrator's decision was reasonable and justified by the evidence. The applicant's grounds for review did not meet the threshold for review under section 145 of the LRA, as they amounted to an appeal rather than demonstrating misconduct, gross irregularity, or excess of powers. The application to review and...

Court Disposition

Condonation for the late filing of the review application is granted. The application to review and set aside the arbitration award is dismissed. No order as to costs.

Orders

  • Review is reinstated and condonation for the late filing of the review application is granted.
  • The application to review and set aside the arbitration award issued by the first respondent under the auspices of the second respondent is dismissed.