Kobe and Another v Commissioner for Conciliation Mediation And Arbitration and Others (JR2014/11) [2014] ZALCJHB 118 (10 March 2014)

Kobe and Another v Commissioner for Conciliation Mediation And Arbitration and Others (JR2014/11) [2014] ZALCJHB 118 (10 March 2014)

The Labour Court found that the CCMA Commissioner committed a reviewable irregularity by failing to ensure a complete record of the arbitration proceedings, not allowing the applicants to fully present their case, and failing to apply the company’s Procedure Manual correctly. The Commissioner did not give the required warnings to the parties, did not ensure that both procedural and substantive fairness were addressed, and failed to ventilate all issues raised by the applicants. The applicants were not properly notified of the disciplinary hearing date and were denied union representation. Their suspensions and dismissals were authorised by the same person acting in dual roles, contrary to...

Citation
[2014] ZALCJHB 118
Parties
Applicant: Junius Kobe and 1 Other; Respondent: Commissioner for Conciliation Mediation and Arbitration; Respondent: Francis Maake Kganyago N.O; Respondent: Potgietersrus Platinum Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 March 2014
Case Number
JR2014/11
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Application for review upheld; CCMA award set aside; matter remitted for hearing de novo; no order as to costs.
Judges
Fouché
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Review of Arbitration Award, Natural Justice, Health and Safety Compliance
Labour Law Civil Procedure Unfair Dismissal Procedural Fairness Substantive Fairness Review of Arbitration Award Natural Justice Health and Safety Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Junius Kobe and 1 Other

Applicant

Commissioner for Conciliation Mediation and Arbitration

Respondent

Francis Maake Kganyago N.O

Respondent

Potgietersrus Platinum Mine

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA Commissioner committed a reviewable irregularity in the arbitration proceedings.
  2. 2 Whether the applicants' dismissal was procedurally and substantively fair.
  3. 3 Whether the disciplinary hearing was properly notified and conducted in accordance with company policy and the law.

Ratio Decidendi

The Labour Court found that the CCMA Commissioner committed a reviewable irregularity by failing to ensure a complete record of the arbitration proceedings, not allowing the applicants to fully present their case, and failing to apply the company’s Procedure Manual correctly. The Commissioner did not give the required warnings to the parties, did not ensure that both procedural and substantive fairness were addressed, and failed to ventilate all issues raised by the applicants. The applicants were not properly notified of the disciplinary hearing date and were denied union representation. Their suspensions and dismissals were authorised by the same person acting in dual roles, contrary to...

Court Disposition

Application for review upheld; CCMA award set aside; matter remitted for hearing de novo; no order as to costs.

Orders

  • The application for review is upheld.
  • The matter is remitted back to the CCMA for a hearing de novo.