Khumalo v Commission For Conciliation, Mediation And Arbitration and Others (JR 738/03) [2004] ZALC 27 (9 March 2004)

Khumalo v Commission For Conciliation, Mediation And Arbitration and Others (JR 738/03) [2004] ZALC 27 (9 March 2004)

The court found that the commissioner made a credibility finding against the applicant, accepting the respondent's version that the applicant was not dismissed but left employment voluntarily. There was no record of proceedings to support the applicant's submissions, and the applicant failed to demonstrate any grounds for the court to interfere with the commissioner's ruling. The applicant did not show that the commissioner failed to apply his mind or that the decision was irrational. Accordingly, the application for review was dismissed.

Citation
[2004] ZALC 27
Parties
Applicant: Jabulani Khumalo; Respondent: Commission For Conciliation, Mediation And Arbitration; Respondent: Commissioner R D Fitzcharles; Respondent: Sky Mark Security
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 March 2004
Case Number
JR 738/03
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
E Revelas
Legal Topics
Unfair Dismissal, Jurisdiction of Ccma, Review of Arbitration Award
Labour Law Unfair Dismissal Jurisdiction of Ccma Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Jabulani Khumalo

Applicant

Commission For Conciliation, Mediation And Arbitration

Respondent

Commissioner R D Fitzcharles

Respondent

Sky Mark Security

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA had jurisdiction over the dispute between the applicant and his former employer.
  2. 2 Whether the applicant was dismissed or left employment voluntarily.
  3. 3 Whether the commissioner failed to apply his mind to the evidence before him.

Ratio Decidendi

The court found that the commissioner made a credibility finding against the applicant, accepting the respondent's version that the applicant was not dismissed but left employment voluntarily. There was no record of proceedings to support the applicant's submissions, and the applicant failed to demonstrate any grounds for the court to interfere with the commissioner's ruling. The applicant did not show that the commissioner failed to apply his mind or that the decision was irrational. Accordingly, the application for review was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application for review is dismissed.