Mabilu v Commission for Conciliation, Mediation and Arbitration and Others (JR1711/19) [2021] ZALCJHB 342 (29 September 2021)

Mabilu v Commission for Conciliation, Mediation and Arbitration and Others (JR1711/19) [2021] ZALCJHB 342 (29 September 2021)

The court found that the arbitrator considered all relevant evidence and submissions, and that the applicant's dismissal was substantively fair. The applicant's allegations of ignored evidence, gross irregularity, and bias were unsubstantiated. The arbitrator's findings regarding misrepresentation, insubordination, and dereliction of duty were supported by the evidence, and the award fell within a band of reasonable decisions. Consequently, there was no basis to review or set aside the arbitration award.

Citation
[2021] ZALCJHB 342
Parties
Applicant: Lebogang Bright Mabilu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Seele Mokwena N.O.; Respondent: SITA SOC (PTY) LTD
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 September 2021
Case Number
JR1711/19
Procedural Posture
Review Application / Judgment on Opposed Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
R Davey
Legal Topics
Unfair Dismissal, Arbitration Review, Gross Irregularity, Substantive Fairness, Insubordination, Dereliction of Duty
Labour Law Unfair Dismissal Arbitration Review Gross Irregularity Substantive Fairness Insubordination Dereliction of Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lebogang Bright Mabilu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Seele Mokwena N.O.

Respondent

SITA SOC (PTY) LTD

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the second respondent should be reviewed and set aside.
  2. 2 Whether the applicant's dismissal was substantively fair.
  3. 3 Whether the arbitrator ignored relevant evidence or committed gross irregularity.

Ratio Decidendi

The court found that the arbitrator considered all relevant evidence and submissions, and that the applicant's dismissal was substantively fair. The applicant's allegations of ignored evidence, gross irregularity, and bias were unsubstantiated. The arbitrator's findings regarding misrepresentation, insubordination, and dereliction of duty were supported by the evidence, and the award fell within a band of reasonable decisions. Consequently, there was no basis to review or set aside the arbitration award.

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award is dismissed.
  • There is no order as to costs.