Metrorail v Commission for Conciliation Mediation And Arbitration and Others (D869/2011) [2014] ZALCD 61 (7 November 2014)

Metrorail v Commission for Conciliation Mediation And Arbitration and Others (D869/2011) [2014] ZALCD 61 (7 November 2014)

The arbitrator's finding that the incident was brought to management's attention on 26 January 2011 was not supported by any evidence presented at the arbitration. The trip log printed on that date did not establish misconduct or management awareness, and the arbitrator made assumptions not canvassed during the hearing. The arbitrator failed to consider material facts and committed a gross irregularity by basing his decision on speculation. The decision to uphold the points in limine and order reinstatement was unreasonable and fell outside the range of decisions a reasonable arbitrator could make. Consequently, the award must be set aside and the matter remitted for a hearing de novo on...

Citation
[2014] ZALCD 61
Parties
Applicant: Metrorail; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Jabulani Ngwane N.O; Respondent: Zakhele Mzwamandla Buthelezi and 2 Others
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
7 November 2014
Case Number
D869/2011
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter remitted to CCMA for hearing de novo; costs awarded against Third and Further Respondents.
Judges
Prinsloo
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Disciplinary Code Compliance, Gross Irregularity, Remittal for De Novo Hearing
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Disciplinary Code Compliance Gross Irregularity Remittal for De Novo Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Metrorail

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Jabulani Ngwane N.O

Respondent

Zakhele Mzwamandla Buthelezi and 2 Others

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's finding that the incident was brought to management's attention on 26 January 2011 was reasonable.
  2. 2 Whether the arbitrator's decision to uphold the points in limine and order reinstatement was supported by the evidence.
  3. 3 Whether the disciplinary process complied with clause 4.4 of the Disciplinary Code and Procedure.

Ratio Decidendi

The arbitrator's finding that the incident was brought to management's attention on 26 January 2011 was not supported by any evidence presented at the arbitration. The trip log printed on that date did not establish misconduct or management awareness, and the arbitrator made assumptions not canvassed during the hearing. The arbitrator failed to consider material facts and committed a gross irregularity by basing his decision on speculation. The decision to uphold the points in limine and order reinstatement was unreasonable and fell outside the range of decisions a reasonable arbitrator could make. Consequently, the award must be set aside and the matter remitted for a hearing de novo on...

Court Disposition

Arbitration award reviewed and set aside; matter remitted to CCMA for hearing de novo; costs awarded against Third and Further Respondents.

Orders

  • The arbitration award issued on 18 September 2011 under case number KNDB8606-11 is reviewed and set aside.
  • The matter is remitted to the First Respondent for the fairness of the Third and Further Respondents’ dismissals to be determined de novo by a commissioner other than the Second Respondent.