Melaletsa v CCMA and Others (C 960/12) [2014] ZALCCT 26 (27 May 2014)

Melaletsa v CCMA and Others (C 960/12) [2014] ZALCCT 26 (27 May 2014)

The commissioner’s finding that Mosala was qualified for appointment was not supported by the evidence, as Mosala failed to produce the required certificates and qualifications. The commissioner’s acceptance of assumptions regarding Mosala’s qualifications constituted a reviewable irregularity. The commissioner could not reasonably have found that Mosala was qualified for the post or that his selection over the applicant was not unfair. Accordingly, the arbitration award must be reviewed and set aside, and the dispute remitted for fresh arbitration before a different commissioner.

Citation
[2014] ZALCCT 26
Parties
Applicant: Martin Thatayaone Melaletsa; Respondent: CCMA; Respondent: Commissioner Gerald Jacobs N.O.; Respondent: Kumba Iron Ore (Sishen Iron Ore Company) (Pty) Ltd; Respondent: William George Lesing; Respondent: Jim Appies; Respondent: Lebogang Mosala; Respondent: Elmo Isaacs
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
27 May 2014
Case Number
C 960/12
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Arbitration award reviewed and set aside; dispute remitted to CCMA for fresh arbitration before a different commissioner.
Judges
Steenkamp
Legal Topics
Unfair Labour Practice, Promotion, Review of Arbitration Award, Onus of Proof
Labour Law Unfair Labour Practice Promotion Review of Arbitration Award Onus of Proof

Case Brief

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Parties

Martin Thatayaone Melaletsa

Applicant

CCMA

Respondent

Commissioner Gerald Jacobs N.O.

Respondent

Kumba Iron Ore (Sishen Iron Ore Company) (Pty) Ltd

Respondent

William George Lesing

Respondent

Jim Appies

Respondent

Lebogang Mosala

Respondent

Elmo Isaacs

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner committed a reviewable irregularity in finding that the applicant was not unfairly denied promotion.
  2. 2 Whether the appointment of a candidate who did not meet the advertised minimum criteria constitutes an unfair labour practice.
  3. 3 Whether the matter should be remitted for fresh arbitration.

Ratio Decidendi

The commissioner’s finding that Mosala was qualified for appointment was not supported by the evidence, as Mosala failed to produce the required certificates and qualifications. The commissioner’s acceptance of assumptions regarding Mosala’s qualifications constituted a reviewable irregularity. The commissioner could not reasonably have found that Mosala was qualified for the post or that his selection over the applicant was not unfair. Accordingly, the arbitration award must be reviewed and set aside, and the dispute remitted for fresh arbitration before a different commissioner.

Court Disposition

Arbitration award reviewed and set aside; dispute remitted to CCMA for fresh arbitration before a different commissioner.

Orders

  • The arbitration award of Commissioner Gerald Jacobs of 15 November 2012 under case number NC 656-12 is reviewed and set aside.
  • The dispute is remitted to the CCMA for a fresh arbitration before a commissioner other than the second respondent.