Lyttleton Dolomite (Pty) Ltd v NUM obo Lekgau and Others (JR288/18) [2020] ZALCJHB 132; (2020) 41 ILJ 2871 (LC) (11 August 2020)

Lyttleton Dolomite (Pty) Ltd v NUM obo Lekgau and Others (JR288/18) [2020] ZALCJHB 132; (2020) 41 ILJ 2871 (LC) (11 August 2020)

The court found that the commissioner failed to fulfil her duty under the CCMA Guidelines to assist an inexperienced party and to rule timeously on the admissibility and weight of hearsay evidence. The commissioner was aware that the applicant's representative was not versed in arbitration procedure and that the evidence presented was hearsay, yet she did not intervene or explain the consequences. The ruling on hearsay was made only at the award stage, depriving both parties of the opportunity to address the evidentiary shortcomings. This passivity resulted in procedural unfairness and prejudice to the applicant, as the case was not properly ventilated and the applicant was not given a...

Citation
[2020] ZALCJHB 132
Parties
Applicant: Lyttleton Dolomite (Pty) Ltd; Respondent: NUM obo Amos Lekgau; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Kuvonakala Pretty Chavalala N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
11 August 2020
Case Number
JR288/18
Procedural Posture
Review Application / Judgment on Opposed Review Application Under Section 145 of the LRA
Outcome
Review upheld; arbitration award set aside and matter remitted for hearing de novo before a different commissioner.
Judges
T Deane
Legal Topics
Review of Arbitration Award, Hearsay Evidence, Helping Hand Principle, Procedural Fairness, Admissibility of Evidence
Labour Law Civil Procedure Review of Arbitration Award Hearsay Evidence Helping Hand Principle Procedural Fairness Admissibility of Evidence

Case Brief

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Parties

Lyttleton Dolomite (Pty) Ltd

Applicant

NUM obo Amos Lekgau

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Kuvonakala Pretty Chavalala N.O.

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review Application Under Section 145 of the LRA

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity by failing to warn the applicant about the negative inferences from hearsay evidence.
  2. 2 Whether the commissioner was obliged to apply the helping hand principle under the CCMA Guidelines.
  3. 3 Whether the timing and manner of the ruling on hearsay evidence rendered the arbitration procedurally unfair.

Ratio Decidendi

The court found that the commissioner failed to fulfil her duty under the CCMA Guidelines to assist an inexperienced party and to rule timeously on the admissibility and weight of hearsay evidence. The commissioner was aware that the applicant's representative was not versed in arbitration procedure and that the evidence presented was hearsay, yet she did not intervene or explain the consequences. The ruling on hearsay was made only at the award stage, depriving both parties of the opportunity to address the evidentiary shortcomings. This passivity resulted in procedural unfairness and prejudice to the applicant, as the case was not properly ventilated and the applicant was not given a...

Court Disposition

Review upheld; arbitration award set aside and matter remitted for hearing de novo before a different commissioner.

Orders

  • The arbitration award issued under case number GATW 5234-17 dated 02 February 2018 is reviewed and set aside.
  • The matter is referred to the Second Respondent (CCMA) for an arbitration hearing de novo.