Kleinbooi v Education Labour Relations Council (PR53/2014) [2018] ZALCPE 27 (18 October 2018)

Kleinbooi v Education Labour Relations Council (PR53/2014) [2018] ZALCPE 27 (18 October 2018)

The court found that the arbitrator failed to properly assess the credibility and reliability of witnesses and did not consider the inherent probabilities of the conflicting versions presented in respect of the charges against the applicant. The arbitrator did not undertake a full analysis of the evidence or provide reasons for preferring one version over another. This failure constituted a gross irregularity in the conduct of the arbitration proceedings, as the arbitrator did not perform his primary function of resolving disputes of fact. As a result, the arbitration award was reviewable and had to be set aside. The matter was remitted for a hearing de novo before a different arbitrator,...

Citation
[2018] ZALCPE 27
Parties
Applicant: Rubin Boesak Kleinbooi; Respondent: Education Labour Relations Council; Respondent: C van der Berg N.O.; Respondent: MEC: Department of Education: Eastern Cape
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
18 October 2018
Case Number
PR53/2014
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; dispute remitted for hearing de novo before a different arbitrator; no order as to costs.
Judges
Prinsloo
Legal Topics
Review of Arbitration Award, Gross Irregularity, Dismissal of Educator, Credibility Assessment, Employment Misconduct
Labour Law Review of Arbitration Award Gross Irregularity Dismissal of Educator Credibility Assessment Employment Misconduct

Case Brief

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Parties

Rubin Boesak Kleinbooi

Applicant

Education Labour Relations Council

Respondent

C van der Berg N.O.

Respondent

MEC: Department of Education: Eastern Cape

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Did the arbitrator properly assess the credibility of witnesses and the probabilities of the conflicting versions presented?
  2. 2 Was the applicant's dismissal substantively fair?
  3. 3 Did the arbitrator commit a gross irregularity in the conduct of the arbitration proceedings?

Ratio Decidendi

The court found that the arbitrator failed to properly assess the credibility and reliability of witnesses and did not consider the inherent probabilities of the conflicting versions presented in respect of the charges against the applicant. The arbitrator did not undertake a full analysis of the evidence or provide reasons for preferring one version over another. This failure constituted a gross irregularity in the conduct of the arbitration proceedings, as the arbitrator did not perform his primary function of resolving disputes of fact. As a result, the arbitration award was reviewable and had to be set aside. The matter was remitted for a hearing de novo before a different arbitrator,...

Court Disposition

Arbitration award reviewed and set aside; dispute remitted for hearing de novo before a different arbitrator; no order as to costs.

Orders

  • The arbitration award issued on 11 February 2014 under case number PSES250-13/14EC is reviewed and set aside.
  • The dispute is remitted for a hearing de novo before an arbitrator other than the Second Respondent.