McLachlan N.O. and Others v Gradwell (PR 205/20) [2022] ZALCPE 33 (11 November 2022)

McLachlan N.O. and Others v Gradwell (PR 205/20) [2022] ZALCPE 33 (11 November 2022)

Although the applicants established that the commissioner made several errors, they failed to prove that these errors affected the finding of substantive unfairness in the first respondent's dismissal. The evidence presented at arbitration supported the first respondent's version and the commissioner's finding was reasonable. The applicants did not demonstrate that the farm was in financial difficulties at the time of retrenchment, and the commissioner’s decision on substantive fairness was not vitiated. Therefore, the award falls within the bounds of reasonableness and is not susceptible to review.

Citation
[2022] ZALCPE 33
Parties
Applicant: John Geoffrey McLachlan N.O.; Applicant: Peter Henry Bunton N.O.; Applicant: Terence John Watson N.O.; Applicant: Fiona McLachlan N.O.; Applicant: Juanita McLachlan N.O.; Respondent: Colin Gradwell; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Mark Redcliffe N.O.
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
11 November 2022
Case Number
PR 205/20
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is dismissed. The applicants are ordered to pay the first respondent's costs.
Judges
Z Lallie
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Condonation of Late Filing, Costs Order
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Condonation of Late Filing Costs Order

Case Brief

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Parties

John Geoffrey McLachlan N.O.

Applicant

Peter Henry Bunton N.O.

Applicant

Terence John Watson N.O.

Applicant

Fiona McLachlan N.O.

Applicant

Juanita McLachlan N.O.

Applicant

Colin Gradwell

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Mark Redcliffe N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award was unreasonable and susceptible to review under section 145(1) of the Labour Relations Act.
  2. 2 Whether the commissioner committed gross irregularities in the conduct of the arbitration.
  3. 3 Whether the applicants established valid grounds for review based on the evidence tendered at arbitration.

Ratio Decidendi

Although the applicants established that the commissioner made several errors, they failed to prove that these errors affected the finding of substantive unfairness in the first respondent's dismissal. The evidence presented at arbitration supported the first respondent's version and the commissioner's finding was reasonable. The applicants did not demonstrate that the farm was in financial difficulties at the time of retrenchment, and the commissioner’s decision on substantive fairness was not vitiated. Therefore, the award falls within the bounds of reasonableness and is not susceptible to review.

Court Disposition

The review application is dismissed. The applicants are ordered to pay the first respondent's costs.

Orders

  • The application for condonation of late filing is granted.
  • The application to strike out specified paragraphs from the answering affidavit is granted.