Malatji v Metal Engineering Bargaining Council and Others (JR1230/19) [2019] ZALCJHB 365 (5 December 2019)

Malatji v Metal Engineering Bargaining Council and Others (JR1230/19) [2019] ZALCJHB 365 (5 December 2019)

The court found that the applicant failed to establish any grounds for review recognised by law. The arbitrator had considered the evidence, understood the nature of the enquiry, and made a reasonable decision based on the facts presented. The applicant merely repeated his version from the arbitration without demonstrating that the arbitrator's ruling was unreasonable or that the fact of dismissal was established. Accordingly, the application for review was dismissed.

Citation
[2019] ZALCJHB 365
Parties
Applicant: William Ngaka Malatji; Respondent: Metal Engineering Bargaining Council; Respondent: Mapalo Tsatsimpe; Respondent: Burger & Company (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2019
Case Number
JR1230/19
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Reasonableness of Decision, Termination of Employment
Labour Law Unfair Dismissal Review of Arbitration Award Reasonableness of Decision Termination of Employment

Case Brief

Summary, issues, holding and outcome

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Parties

William Ngaka Malatji

Applicant

Metal Engineering Bargaining Council

Respondent

Mapalo Tsatsimpe

Respondent

Burger & Company (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant was dismissed by the employer.
  2. 2 Whether the arbitrator's ruling was reviewable on grounds recognised by law.
  3. 3 Whether the arbitrator's decision was so unreasonable that no reasonable decision-maker could reach it.

Ratio Decidendi

The court found that the applicant failed to establish any grounds for review recognised by law. The arbitrator had considered the evidence, understood the nature of the enquiry, and made a reasonable decision based on the facts presented. The applicant merely repeated his version from the arbitration without demonstrating that the arbitrator's ruling was unreasonable or that the fact of dismissal was established. Accordingly, the application for review was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.