Leboho v Commission for Conciliation Mediation and Arbitration and Others (JR 365/06) [2008] ZALC 206 (27 March 2008)

Leboho v Commission for Conciliation Mediation and Arbitration and Others (JR 365/06) [2008] ZALC 206 (27 March 2008)

The court found that the commissioner acted within the bounds of reasonableness in admitting hearsay evidence, as the applicant had the opportunity to cross-examine the complainant at the disciplinary hearing and the interests of justice justified its admission. The withdrawal of criminal charges was irrelevant to the disciplinary and arbitration proceedings. Applying the reasonable decision-maker test from Sidumo, the court held that the arbitration award upholding the applicant's dismissal was not one that a reasonable decision-maker could not reach. Accordingly, the review application was dismissed.

Citation
[2008] ZALC 206
Parties
Applicant: Patrick Leboho; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sipho Radebe; Respondent: South African Revenue Services
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 March 2008
Case Number
JR 365/06
Procedural Posture
Review Application / Judgment
Judges
A Van Niekerk
Legal Topics
Unfair Dismissal, Admission of Hearsay Evidence, Review of Arbitration Award, Reasonable Decision Maker Test
Labour Law Civil Procedure Unfair Dismissal Admission of Hearsay Evidence Review of Arbitration Award Reasonable Decision Maker Test

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Leboho

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Sipho Radebe

Respondent

South African Revenue Services

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner erred in admitting hearsay evidence at the arbitration proceedings.
  2. 2 Whether the withdrawal of criminal charges against the applicant should have been dispositive of the disciplinary case.
  3. 3 Whether the arbitration award upholding the applicant's dismissal was reasonable and reviewable.

Ratio Decidendi

The court found that the commissioner acted within the bounds of reasonableness in admitting hearsay evidence, as the applicant had the opportunity to cross-examine the complainant at the disciplinary hearing and the interests of justice justified its admission. The withdrawal of criminal charges was irrelevant to the disciplinary and arbitration proceedings. Applying the reasonable decision-maker test from Sidumo, the court held that the arbitration award upholding the applicant's dismissal was not one that a reasonable decision-maker could not reach. Accordingly, the review application was dismissed.