Manyonya v Commission for Conciliation, Mediation and Arbitration and Others (C683/2018) [2020] ZALCCT 12 (7 May 2020)

Manyonya v Commission for Conciliation, Mediation and Arbitration and Others (C683/2018) [2020] ZALCCT 12 (7 May 2020)

The court found that the Commissioner’s conduct during the arbitration proceedings, including his advice to the employer’s representative to further discredit the doctor’s evidence and his questioning of the witness, created a reasonable perception of bias. This conduct went beyond the permissible scope of the 'helping hand' principle and prejudiced the applicant’s right to a fair trial. The court held that a reasonable apprehension of bias had been established, and as a result, the arbitration award could not stand. The matter was remitted for rehearing before a different arbitrator to ensure procedural fairness.

Citation
[2020] ZALCCT 12
Parties
Applicant: Nosikhumbuzo Manyonya; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Richard Heath; Respondent: PRASA SOC T/A Metrorail Western Cape
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
7 May 2020
Case Number
C683/2018
Procedural Posture
Review Application / Judgment on Opposed Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is granted; the dispute is referred back for rehearing before a different arbitrator.
Judges
Rabkin-Naicker
Legal Topics
Review of Arbitration Award, Reasonable Apprehension of Bias, Procedural Fairness, Helping Hand Principle
Labour Law Civil Procedure Review of Arbitration Award Reasonable Apprehension of Bias Procedural Fairness Helping Hand Principle

Case Brief

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Parties

Nosikhumbuzo Manyonya

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Richard Heath

Respondent

PRASA SOC T/A Metrorail Western Cape

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the conduct of the Commissioner gave rise to a reasonable apprehension of bias.
  2. 2 Whether the arbitration award should be set aside due to procedural unfairness.
  3. 3 Whether the applicant was afforded a fair trial in the arbitration proceedings.

Ratio Decidendi

The court found that the Commissioner’s conduct during the arbitration proceedings, including his advice to the employer’s representative to further discredit the doctor’s evidence and his questioning of the witness, created a reasonable perception of bias. This conduct went beyond the permissible scope of the 'helping hand' principle and prejudiced the applicant’s right to a fair trial. The court held that a reasonable apprehension of bias had been established, and as a result, the arbitration award could not stand. The matter was remitted for rehearing before a different arbitrator to ensure procedural fairness.

Court Disposition

Application to review and set aside the arbitration award is granted; the dispute is referred back for rehearing before a different arbitrator.

Orders

  • The Award under case number WECT 16830-17 is reviewed and set aside.
  • The dispute is referred back to the first respondent for hearing before an arbitrator other than the second respondent.