Medi Logistics (Pty) Ltd v Ntsoane NO and Others (JR725/17) [2019] ZALCJHB 107 (22 May 2019)

Medi Logistics (Pty) Ltd v Ntsoane NO and Others (JR725/17) [2019] ZALCJHB 107 (22 May 2019)

The court found that the arbitrator committed a reviewable irregularity by refusing the applicant an opportunity to call a witness on a material issue, which prejudiced the applicant. Furthermore, the arbitrator erred in awarding reinstatement and compensation for nine months when De-Wet's fixed-term contract only had two months remaining. The relief granted was neither just nor equitable. The award was reviewed and set aside, and replaced with an order for compensation limited to the two remaining months of the contract.

Citation
[2019] ZALCJHB 107
Parties
Applicant: Medi Logistics (Pty) Ltd; Respondent: Diale Ntsoane N.O.; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Christiaan Johannes De-Wet
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 May 2019
Case Number
JR725/17
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. De-Wet is awarded compensation for the two remaining months of his fixed-term contract. No order as to costs.
Judges
T Ntshebe
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Fixed Term Contract, Compensation, Procedural Irregularity
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Fixed Term Contract Compensation Procedural Irregularity

Case Brief

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Parties

Medi Logistics (Pty) Ltd

Applicant

Diale Ntsoane N.O.

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Christiaan Johannes De-Wet

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity by refusing the applicant an opportunity to call a witness.
  2. 2 Whether the arbitrator erred in reinstating De-Wet when his fixed-term contract was about to expire.
  3. 3 Whether the compensation awarded exceeded what was just and equitable under the circumstances.

Ratio Decidendi

The court found that the arbitrator committed a reviewable irregularity by refusing the applicant an opportunity to call a witness on a material issue, which prejudiced the applicant. Furthermore, the arbitrator erred in awarding reinstatement and compensation for nine months when De-Wet's fixed-term contract only had two months remaining. The relief granted was neither just nor equitable. The award was reviewed and set aside, and replaced with an order for compensation limited to the two remaining months of the contract.

Court Disposition

The arbitration award is reviewed and set aside. De-Wet is awarded compensation for the two remaining months of his fixed-term contract. No order as to costs.

Orders

  • The arbitration award is reviewed and set aside and replaced with an order that De-Wet be compensated for the two remaining months in the contract of employment, that is, June and July 2016.
  • There is no order as to costs.