Maranda Mining Co (Pty) Ltd and Another v Commission for Conciliation Mediation and Arbitration and Others (JR2793/11) [2013] ZALCJHB 109 (15 February 2013)

Maranda Mining Co (Pty) Ltd and Another v Commission for Conciliation Mediation and Arbitration and Others (JR2793/11) [2013] ZALCJHB 109 (15 February 2013)

The court found that the arbitrator's award was reasonable and justifiable, as the applicants failed to lead any evidence to contradict the third respondent's account of his dismissal. The applicants' argument that the determination of dismissal was a jurisdictional issue was rejected, as section 192 of the LRA places the onus on the employee to prove dismissal as a matter of fact, not jurisdiction. The arbitrator properly analyzed the evidence and concluded that the third respondent was dismissed and that the dismissal was unfair. The applicants' application for review was dismissed as the award was not vitiated by any gross irregularity and satisfied the standard set out in Sidumo.

Citation
[2013] ZALCJHB 109
Parties
Applicant: Maranda Mining Co (Pty) Ltd; Applicant: Camdor Resources (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Donald Kgalake Nkadimeng; Respondent: Swart, Leon
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
15 February 2013
Case Number
JR2793/11
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Application for review dismissed; costs awarded against the second applicant.
Judges
D H Gush
Legal Topics
Unfair Dismissal, Arbitration Review, Compensation, Onus of Proof, Procedural Fairness
Labour Law Unfair Dismissal Arbitration Review Compensation Onus of Proof Procedural Fairness

Case Brief

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Parties

Maranda Mining Co (Pty) Ltd

Applicant

Camdor Resources (Pty) Ltd

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Donald Kgalake Nkadimeng

Respondent

Swart, Leon

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the third respondent was dismissed by the applicants.
  2. 2 Whether the dismissal was substantively and procedurally fair.
  3. 3 Whether the arbitration award was reviewable on grounds of gross irregularity.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and justifiable, as the applicants failed to lead any evidence to contradict the third respondent's account of his dismissal. The applicants' argument that the determination of dismissal was a jurisdictional issue was rejected, as section 192 of the LRA places the onus on the employee to prove dismissal as a matter of fact, not jurisdiction. The arbitrator properly analyzed the evidence and concluded that the third respondent was dismissed and that the dismissal was unfair. The applicants' application for review was dismissed as the award was not vitiated by any gross irregularity and satisfied the standard set out in Sidumo.

Court Disposition

Application for review dismissed; costs awarded against the second applicant.

Orders

  • The first and second applicants' application is dismissed.
  • The second applicant is ordered to pay the third respondent's costs.