Maepe v Commission for Conciliation, Mediation and Arbitration and Another (JA27/14) [2018] ZALAC 2; [2018] 4 BLLR 332 (LAC); (2018) 39 ILJ 1029 (LAC) (25 January 2018)

Maepe v Commission for Conciliation, Mediation and Arbitration and Another (JA27/14) [2018] ZALAC 2; [2018] 4 BLLR 332 (LAC); (2018) 39 ILJ 1029 (LAC) (25 January 2018)

The Labour Court erred by making conclusive findings on the existence of dismissals and the irrelevance of the employment contracts when reviewing the arbitration award. These findings were not necessary for the determination of the review application and may prejudice the appellant in subsequent arbitration proceedings. The contracts were central to the dispute and their relevance should have been left for determination by the Commissioner in the re-hearing. It is in the interests of justice to set aside the Labour Court's factual findings to avoid confusion and protracted litigation. The appeal is upheld and the findings are set aside, but the original order remitting the matter for...

Citation
[2018] ZALAC 2
Parties
Appellant: Clencor (Pty) Ltd; Respondent: Mngezana, KG N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sabawo obo Nkosi and 32 Others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
25 January 2018
Case Number
JA27/14
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; Labour Court's findings on dismissal and irrelevance of contracts set aside; original order remitting matter for re-hearing stands.
Judges
Tlaletsi, Ndlovu, CJ Musi
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Arbitration Review, Relevance of Evidence
Labour Law Civil Procedure Unfair Dismissal Fixed Term Contracts Arbitration Review Relevance of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Clencor (Pty) Ltd

Appellant

Mngezana, KG N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Sabawo obo Nkosi and 32 Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the Labour Court erred in making conclusive findings on dismissal and relevance of contracts when reviewing the arbitration award.
  2. 2 Whether the Labour Court's findings may prejudice the appellant in subsequent arbitration proceedings.
  3. 3 Whether the contracts of employment were relevant to the unfair dismissal dispute.

Ratio Decidendi

The Labour Court erred by making conclusive findings on the existence of dismissals and the irrelevance of the employment contracts when reviewing the arbitration award. These findings were not necessary for the determination of the review application and may prejudice the appellant in subsequent arbitration proceedings. The contracts were central to the dispute and their relevance should have been left for determination by the Commissioner in the re-hearing. It is in the interests of justice to set aside the Labour Court's factual findings to avoid confusion and protracted litigation. The appeal is upheld and the findings are set aside, but the original order remitting the matter for...

Court Disposition

Appeal upheld; Labour Court's findings on dismissal and irrelevance of contracts set aside; original order remitting matter for re-hearing stands.

Orders

  • The appeal is upheld.
  • The findings by the Labour Court that the employees were dismissed and that the fixed-term contracts are irrelevant to the arbitration of the unfair dismissal dispute are set aside.