Mayisela v Commission for Conciliation Mediation And Arbitration and Others (C967/2014) [2015] ZALCCT 55 (5 August 2015)

Mayisela v Commission for Conciliation Mediation And Arbitration and Others (C967/2014) [2015] ZALCCT 55 (5 August 2015)

The court found that the Commissioner failed to discharge his duties by not summarising or analysing the oral and documentary evidence, despite the existence of a lengthy transcript. This omission contravened CCMA guidelines and rendered the award incapable of proper review. Without an evidentiary summary, the reviewing court could not answer the critical questions required by law, nor could it assess whether the Commissioner had made errors of fact or reached an unreasonable result. The court held that the only appropriate remedy was to set aside the award and remit the dispute for rehearing before a different Commissioner, in order to preserve the distinction between review and appeal...

Citation
[2015] ZALCCT 55
Parties
Applicant: Vincent Nkululeko Mayisela; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Theodorus Potgieter; Respondent: Legal Aid South Africa
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
5 August 2015
Case Number
C967/2014
Procedural Posture
Review Application / Opposed Review of Arbitration Award Under Section 145 of the LRA
Outcome
The arbitration award is reviewed and set aside; the dispute is remitted to the CCMA for rehearing before a different Commissioner.
Judges
Rabkin-Naicker
Legal Topics
Review of Arbitration Award, Procedural Fairness, Misconduct Arbitration, Remittal of Dispute
Labour Law Civil Procedure Review of Arbitration Award Procedural Fairness Misconduct Arbitration Remittal of Dispute

Case Brief

Summary, issues, holding and outcome

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Parties

Vincent Nkululeko Mayisela

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Theodorus Potgieter

Respondent

Legal Aid South Africa

Respondent

Procedural Posture

Review Application / Opposed Review of Arbitration Award Under Section 145 of the LRA

Legal Issues

  1. 1 Whether the arbitration award was reviewable due to the Commissioner's failure to summarise and analyse the evidence.
  2. 2 Whether the Commissioner complied with CCMA guidelines for misconduct arbitrations.
  3. 3 Whether the reviewing court could properly assess the merits of the dispute in the absence of an evidentiary summary.

Ratio Decidendi

The court found that the Commissioner failed to discharge his duties by not summarising or analysing the oral and documentary evidence, despite the existence of a lengthy transcript. This omission contravened CCMA guidelines and rendered the award incapable of proper review. Without an evidentiary summary, the reviewing court could not answer the critical questions required by law, nor could it assess whether the Commissioner had made errors of fact or reached an unreasonable result. The court held that the only appropriate remedy was to set aside the award and remit the dispute for rehearing before a different Commissioner, in order to preserve the distinction between review and appeal...

Court Disposition

The arbitration award is reviewed and set aside; the dispute is remitted to the CCMA for rehearing before a different Commissioner.

Orders

  • The award under case number NC1084-14 is hereby reviewed and set aside.
  • The dispute is remitted to first respondent to be heard by a commissioner other than second respondent.