Marrow v Commission for Conciliation, Mediation and Arbitration and Others (P229/11) [2014] ZALCPE 26 (22 August 2014)

Marrow v Commission for Conciliation, Mediation and Arbitration and Others (P229/11) [2014] ZALCPE 26 (22 August 2014)

The court found that the commissioner correctly identified the issues, considered all relevant evidence, and applied the appropriate legal principles. The applicant failed to prove that the commissioner committed errors or misconduct that rendered the award unreasonable. The commissioner’s decision fell within the bounds of reasonableness, and any errors did not affect the outcome. The applicant was aware of the rules and disciplinary code, and his dismissal for misconduct was both substantively and procedurally fair. The explanations for the late filing of the review application and the record were reasonable, and condonation was granted. The review application was dismissed as the award...

Citation
[2014] ZALCPE 26
Parties
Applicant: Bernard Antony Marrow; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Naledi Bisiwe; Respondent: Pick 'n Pay
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
22 August 2014
Case Number
P229/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The application for review is dismissed. Condonation for the late filing of the review application and the record is granted.
Judges
Lallie
Legal Topics
Dismissal for Misconduct, Condonation, Arbitration Review, Progressive Discipline, Insubordination
Labour Law Civil Procedure Dismissal for Misconduct Condonation Arbitration Review Progressive Discipline Insubordination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Bernard Antony Marrow

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Naledi Bisiwe

Respondent

Pick 'n Pay

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the commissioner is reviewable under section 145 of the LRA.
  2. 2 Whether the applicant's dismissal for misconduct was substantively and procedurally fair.
  3. 3 Whether condonation should be granted for the late filing of the review application and the record.

Ratio Decidendi

The court found that the commissioner correctly identified the issues, considered all relevant evidence, and applied the appropriate legal principles. The applicant failed to prove that the commissioner committed errors or misconduct that rendered the award unreasonable. The commissioner’s decision fell within the bounds of reasonableness, and any errors did not affect the outcome. The applicant was aware of the rules and disciplinary code, and his dismissal for misconduct was both substantively and procedurally fair. The explanations for the late filing of the review application and the record were reasonable, and condonation was granted. The review application was dismissed as the award...

Court Disposition

The application for review is dismissed. Condonation for the late filing of the review application and the record is granted.

Orders

  • The application for condonation of the late filing of the review application is granted.
  • The application for condonation of the late filing of the record is granted.