Macsteel (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1839/99) [2001] ZALC 91 (19 June 2001)

Macsteel (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (J1839/99) [2001] ZALC 91 (19 June 2001)

The court found that the arbitrator in the final written warning dispute misunderstood the evidence and failed to appreciate that Mr Ntombela was not entitled to extra payment or an assistant when driving a three ton truck. The arbitrator's findings were unsupported by the evidence, and the award was set aside. In...

Source-derived case information.

Citation
[2001] ZALC 91
Parties
Applicant: Macsteel (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Nkutha N.O.; Respondent: National Union of Metalworkers of South Africa; Respondent: Samuel Ntombela
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 June 2001
Case Number
J1839/99
Procedural Posture
Review Application / Judgment
Outcome
Both arbitration awards are set aside; the dismissal dispute is remitted to the CCMA for re-hearing by a different arbitrator; the application to make the second award an order of court is dismissed; costs awarded to the applicant.
Judges
E Revelas
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Final Written Warning, Failure to Apply Mind, Remittal to Ccma
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Final Written Warning Failure to Apply Mind Remittal to Ccma

Source-derived case record

Summary, issues, holding and outcome

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Parties

Macsteel (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Nkutha N.O.

Respondent

National Union of Metalworkers of South Africa

Respondent

Samuel Ntombela

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award setting aside the final written warning was justified.
  2. 2 Whether the arbitrator's award reinstating Mr Ntombela after dismissal was reviewable.
  3. 3 Whether the awards should be substituted or remitted for re-hearing.

Ratio Decidendi

The court found that the arbitrator in the final written warning dispute misunderstood the evidence and failed to appreciate that Mr Ntombela was not entitled to extra payment or an assistant when driving a three ton truck. The arbitrator's findings were unsupported by the evidence, and the award was set aside. In the dismissal review, the arbitrator failed to apply her mind to whether dismissal was appropriate even in the absence of a final warning, especially given the safety implications of a truck driver refusing an eye test. The arbitrator's reasoning was flawed and focused mainly on the absence of a final warning, rendering the award reviewable. The court declined to substitute its...

Court Disposition

Both arbitration awards are set aside; the dismissal dispute is remitted to the CCMA for re-hearing by a different arbitrator; the application to make the second award an order of court is dismissed; costs awarded to the applicant.

Orders

  • In case number J1839/99 the arbitration award dated 24 February 1999 is set aside.
  • In case number J3395/99 the arbitration award dated 25 May is set aside and referred back to the CCMA for determination by a different arbitrator.