Merit Recruitment v Commission for Conciliation Mediation and Arbitration and Others (617/00) [2001] ZALC 13 (1 February 2001)

Merit Recruitment v Commission for Conciliation Mediation and Arbitration and Others (617/00) [2001] ZALC 13 (1 February 2001)

The court found that the Commissioner committed a gross irregularity by placing the onus on the applicant before the third respondent had discharged the onus of proving dismissal. The Commissioner failed to properly evaluate the answers given by the applicant and assumed, without sufficient justification, that the dismissal was not in dispute. This misdirection prejudiced the applicant from the outset of the hearing and constituted a defect in the proceedings. The court held that the award was reviewable on this ground and did not consider the other grounds raised by the applicant. The matter was remitted to the CCMA to be heard by another Commissioner.

Citation
[2001] ZALC 13
Parties
Applicant: Merit Recruitment; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Ms. C. Pillay; Respondent: Bongumuzi Reginald Dlami
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
1 February 2001
Case Number
617/00
Procedural Posture
Review Application / Judgment
Outcome
The review application succeeds. The arbitration award is reviewed and set aside. The matter is remitted to the CCMA for hearing before another Commissioner. The third respondent's application under section 158(1)(c) is dismissed. No order as to costs.
Judges
Ngcamu AJ
Legal Topics
Review of Arbitration Award, Onus of Proof, Unfair Dismissal, Fixed Term Contract, Gross Irregularity
Labour Law Civil Procedure Review of Arbitration Award Onus of Proof Unfair Dismissal Fixed Term Contract Gross Irregularity

Case Brief

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Parties

Merit Recruitment

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Ms. C. Pillay

Respondent

Bongumuzi Reginald Dlami

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Commissioner committed a gross irregularity by placing the onus on the applicant before the third respondent had discharged the onus of proving dismissal.
  2. 2 Whether the Commissioner exceeded her powers by basing the award on facts not placed before her.
  3. 3 Whether the proceedings were prejudicial to the applicant due to misdirection regarding the existence of dismissal.

Ratio Decidendi

The court found that the Commissioner committed a gross irregularity by placing the onus on the applicant before the third respondent had discharged the onus of proving dismissal. The Commissioner failed to properly evaluate the answers given by the applicant and assumed, without sufficient justification, that the dismissal was not in dispute. This misdirection prejudiced the applicant from the outset of the hearing and constituted a defect in the proceedings. The court held that the award was reviewable on this ground and did not consider the other grounds raised by the applicant. The matter was remitted to the CCMA to be heard by another Commissioner.

Court Disposition

The review application succeeds. The arbitration award is reviewed and set aside. The matter is remitted to the CCMA for hearing before another Commissioner. The third respondent's application under section 158(1)(c) is dismissed. No order as to costs.

Orders

  • The award is reviewed and set aside.
  • The matter is remitted back to the CCMA to be heard by another Commissioner.