Masstores (Pty) Ltd t/a Builders Warehouse v CCMA and Others (JR412/04) [2006] ZALC 32; [2006] 6 BLLR 577 (LC); (2006) 27 ILJ 1182 (LC) (31 January 2006)

Masstores (Pty) Ltd t/a Builders Warehouse v CCMA and Others (JR412/04) [2006] ZALC 32; [2006] 6 BLLR 577 (LC); (2006) 27 ILJ 1182 (LC) (31 January 2006)

The Labour Court found that the commissioner committed a gross irregularity by refusing to hear the merits of the applicant's postponement application and failing to allow the applicant to present its case fully. The commissioner did not hear the third respondent's response to the postponement application and...

Source-derived case information.

Citation
[2006] ZALC 32
Parties
Applicant: Masstores (Pty) Ltd t/a Builders Warehouse; Respondent: CCMA; Respondent: Steve Dawson N.O; Respondent: Arnoldus M. van der Merwe
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
31 January 2006
Case Number
JR412/04
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter remitted to CCMA for de novo hearing before another commissioner; no costs order made.
Judges
Cele AJ
Legal Topics
Review of Arbitration Award, Postponement of Proceedings, Gross Irregularity, Misconduct by Commissioner, Unfair Dismissal
Labour Law Civil Procedure Review of Arbitration Award Postponement of Proceedings Gross Irregularity Misconduct by Commissioner Unfair Dismissal

Source-derived case record

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 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Masstores (Pty) Ltd t/a Builders Warehouse

Applicant

CCMA

Respondent

Steve Dawson N.O

Respondent

Arnoldus M. van der Merwe

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed misconduct or a gross irregularity in refusing the postponement application.
  2. 2 Whether the commissioner failed to apply his mind to the postponement application and thereby prevented the applicant from presenting its case fully.
  3. 3 Whether the arbitration award was rationally connected to the evidence before the commissioner.

Ratio Decidendi

The Labour Court found that the commissioner committed a gross irregularity by refusing to hear the merits of the applicant's postponement application and failing to allow the applicant to present its case fully. The commissioner did not hear the third respondent's response to the postponement application and incorrectly recorded that the third respondent opposed it. The refusal to postpone was not supported by the evidence, and the commissioner failed to apply his mind to the relevant considerations, including prejudice and interests of justice. As a result, the arbitration award was not rationally connected to the evidence before the commissioner and was reviewable. The award was set...

Court Disposition

Arbitration award reviewed and set aside; matter remitted to CCMA for de novo hearing before another commissioner; no costs order made.

Orders

  • The arbitration award dated 23 January 2004 issued by commissioner Steve Dawson in case number G 13265 – 03 is reviewed and set aside.
  • The matter is remitted to the CCMA for a de novo hearing before another commissioner.