Khulani Springbok Patrols (Pty) Ltd v Levy NO and Another (J2815/99) [2000] ZALC 54 (26 June 2000)

Khulani Springbok Patrols (Pty) Ltd v Levy NO and Another (J2815/99) [2000] ZALC 54 (26 June 2000)

The court held that the grounds advanced by the applicant amounted to an appeal rather than a review. The applicant failed to demonstrate that the commissioner’s award was unjustifiable or seriously unreasonable, especially in the absence of the commissioner’s notes or a complete record of proceedings. The court found no basis to interfere with the award and dismissed the review application. The commissioner’s award was made an order of court.

Citation
[2000] ZALC 54
Parties
Applicant: Khulani Springbok Patrols (Pty) Ltd; Respondent: Andrew Levy; Respondent: Leduma Bereng
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 June 2000
Case Number
J2815/99
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed; arbitration award made an order of court.
Judges
Landman
Legal Topics
Review of Arbitration Award, Compensation for Unfair Dismissal, Disciplinary Procedure, Ccma Proceedings
Labour Law Review of Arbitration Award Compensation for Unfair Dismissal Disciplinary Procedure Ccma Proceedings

Case Brief

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Parties

Khulani Springbok Patrols (Pty) Ltd

Applicant

Andrew Levy

Respondent

Leduma Bereng

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner’s arbitration award was reviewable on the grounds of serious unreasonableness.
  2. 2 Whether the commissioner failed to consider the employer’s version and evidence.
  3. 3 Whether the award should be made an order of court.

Ratio Decidendi

The court held that the grounds advanced by the applicant amounted to an appeal rather than a review. The applicant failed to demonstrate that the commissioner’s award was unjustifiable or seriously unreasonable, especially in the absence of the commissioner’s notes or a complete record of proceedings. The court found no basis to interfere with the award and dismissed the review application. The commissioner’s award was made an order of court.

Court Disposition

Review application dismissed; arbitration award made an order of court.

Orders

  • The application to review and set aside the commissioner’s award is dismissed.
  • The arbitration award dated 27 May 1999 in case GA 48039 is made an order of court.