Marula Platinum (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 129/2020) [2023] ZALCJHB 271 (13 October 2023)

Marula Platinum (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 129/2020) [2023] ZALCJHB 271 (13 October 2023)

The court found that the arbitrator failed to properly assess the evidence, particularly the shift supervisor's testimony, and incorrectly relied on the absence of corroboration to tip the balance of probabilities. The arbitrator did not resolve the material dispute of fact and failed to appreciate the seriousness...

Source-derived case information.

Citation
[2023] ZALCJHB 271
Parties
Applicant: Marula Platinum Proprietary Limited; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Donald Kglalake Mkadimeng N.O.; Respondent: Kgoboko Victor Mashupje
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 October 2023
Case Number
JR 129/2020
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review granted; arbitration award set aside and substituted with a finding that the dismissal was substantively fair.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Health and Safety Obligations, Review of Arbitration Award, Substantive Fairness, Onus of Proof
Labour Law Unfair Dismissal Health and Safety Obligations Review of Arbitration Award Substantive Fairness Onus of Proof

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Parties

Marula Platinum Proprietary Limited

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Donald Kglalake Mkadimeng N.O.

Respondent

Kgoboko Victor Mashupje

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed reviewable irregularities in the assessment of evidence.
  2. 2 Whether the dismissal of the employee was substantively fair.
  3. 3 Whether the arbitrator failed to consider material evidence regarding health and safety obligations.

Ratio Decidendi

The court found that the arbitrator failed to properly assess the evidence, particularly the shift supervisor's testimony, and incorrectly relied on the absence of corroboration to tip the balance of probabilities. The arbitrator did not resolve the material dispute of fact and failed to appreciate the seriousness of the health and safety breach. These failures constituted reviewable irregularities, rendering the award unreasonable. The court held that the dismissal was substantively fair, as the employee's conduct created a dangerous working environment and breached critical safety instructions. The award was set aside and substituted with a finding of substantive fairness.

Court Disposition

Application for review granted; arbitration award set aside and substituted with a finding that the dismissal was substantively fair.

Orders

  • The arbitration award issued by the second respondent on 10 December 2019 under case number LP 3714-19 is reviewed and set aside.
  • The award is substituted by the following: 'The dismissal of the applicant was substantively fair.'