Matisabo v Commission for Conciliation Mediation and Arbitration and Others (J1031/10) [2011] ZALCJHB 237 (2 September 2011)

Matisabo v Commission for Conciliation Mediation and Arbitration and Others (J1031/10) [2011] ZALCJHB 237 (2 September 2011)

The applicant failed to establish any grounds upon which the arbitration award could be reviewed. His submissions were unsupported by the record, and his founding affidavit did not identify any reviewable irregularity or error. The evidence before the second respondent was probable and uncontradicted, and the award was not one that a reasonable decision maker could not have made. The applicant's application for review was therefore dismissed.

Citation
[2011] ZALCJHB 237
Parties
Applicant: JL Matisabo; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Russel Moletsane; Respondent: SAB (Pty) Limited & Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 September 2011
Case Number
J1031/10
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed.
Judges
Gush
Legal Topics
Review of Arbitration Award, Substantive Fairness of Dismissal, Section 145 Labour Relations Act, Self Representation
Labour Law Civil Procedure Review of Arbitration Award Substantive Fairness of Dismissal Section 145 Labour Relations Act Self Representation

Case Brief

Summary, issues, holding and outcome

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Parties

JL Matisabo

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Russel Moletsane

Respondent

SAB (Pty) Limited & Others

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award upholding the applicant's dismissal was reviewable under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant established any valid grounds for review of the arbitration award.
  3. 3 Whether the dismissal of the applicant was substantively fair.

Ratio Decidendi

The applicant failed to establish any grounds upon which the arbitration award could be reviewed. His submissions were unsupported by the record, and his founding affidavit did not identify any reviewable irregularity or error. The evidence before the second respondent was probable and uncontradicted, and the award was not one that a reasonable decision maker could not have made. The applicant's application for review was therefore dismissed.

Court Disposition

Application for review dismissed.

Orders

  • The applicant’s application is dismissed.
  • The applicant is ordered to pay the costs of the adjournment on 23 March 2007.