Mbuli and Others v Department of Home Affairs and Others (JR3004/2010) [2016] ZALCJHB 280 (21 July 2016)

Mbuli and Others v Department of Home Affairs and Others (JR3004/2010) [2016] ZALCJHB 280 (21 July 2016)

The commissioner erred in law by finding himself functus officio regarding preliminary rulings that were not final and by proceeding with the hearing contrary to his own directions that the matter should not be set down until a signed pre-arbitration minute was filed. The refusal to postpone was reviewable as the commissioner failed to properly exercise his discretion and did not apply his mind to the consequences of his previous rulings. The allegations of bias were not substantiated and were raised only after the adverse ruling. The review succeeds, the ruling is set aside, and the matter is remitted for a de novo hearing before a different commissioner.

Citation
[2016] ZALCJHB 280
Parties
Applicant: Joseph Kgobatha Mbuli; Applicant: Berendt Malefetsane Mosia; Applicant: Samuel Maphale Moloi; Applicant: Sylvia Mantepela Mofokeng; Respondent: Department of Home Affairs; Respondent: General Public Service Sectoral Bargaining Council; Respondent: PM Venter N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 July 2016
Case Number
JR3004/2010
Procedural Posture
Review Application / Judgment on Review of Arbitration Ruling Refusing Postponement and Dismissing Unfair Dismissal Claim
Outcome
Review application succeeds; the ruling refusing postponement and dismissing the unfair dismissal claim is reviewed and set aside.
Judges
TC Ralehoko
Legal Topics
Functus Officio, Review of Arbitration Award, Unfair Dismissal, Postponement of Hearing, Procedural Fairness
Labour Law Civil Procedure Functus Officio Review of Arbitration Award Unfair Dismissal Postponement of Hearing Procedural Fairness

Case Brief

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Parties

Joseph Kgobatha Mbuli

Applicant

Berendt Malefetsane Mosia

Applicant

Samuel Maphale Moloi

Applicant

Sylvia Mantepela Mofokeng

Applicant

Department of Home Affairs

Respondent

General Public Service Sectoral Bargaining Council

Respondent

PM Venter N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Ruling Refusing Postponement and Dismissing Unfair Dismissal Claim

Legal Issues

  1. 1 Whether the commissioner was functus officio regarding preliminary rulings on pre-arbitration minute and discovery of documents.
  2. 2 Whether the refusal to postpone the arbitration hearing was reviewable.
  3. 3 Whether the commissioner acted with bias or procedural unfairness in dismissing the unfair dismissal claim without hearing evidence.

Ratio Decidendi

The commissioner erred in law by finding himself functus officio regarding preliminary rulings that were not final and by proceeding with the hearing contrary to his own directions that the matter should not be set down until a signed pre-arbitration minute was filed. The refusal to postpone was reviewable as the commissioner failed to properly exercise his discretion and did not apply his mind to the consequences of his previous rulings. The allegations of bias were not substantiated and were raised only after the adverse ruling. The review succeeds, the ruling is set aside, and the matter is remitted for a de novo hearing before a different commissioner.

Court Disposition

Review application succeeds; the ruling refusing postponement and dismissing the unfair dismissal claim is reviewed and set aside.

Orders

  • The ruling dated 1 September 2010 issued in case number GPBC960-08/09 is reviewed and set aside.
  • The matter is remitted to the bargaining council for a de novo hearing before another commissioner other than Commissioner PM Venter.