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South Africa Ruling

Labour Court Johannesburg

Mintek v Commission for Conciliation, Mediation and Arbitration and Others (JR1127/13) [2015] ZALCJHB 404 (18 November 2015)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that none of the grounds raised by the applicant demonstrated a reasonable prospect of success on appeal. The Commissioner did not commit a reviewable irregularity in his findings regarding gross dishonesty, substantive fairness, or the appropriateness of reinstatement. The adverse costs order was justified as it is standard practice for costs to follow the result when an employer loses against an employee in the Labour Court. The application for leave to appeal was therefore dismissed with costs.

Court disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.

02

Material facts

Parties

Mintek

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Boyce, Timothy N.O

Respondent

Coko, Walter and Five Others

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that the court erred in holding that the Commissioner had not committed a reviewable irregularity regarding the findings on gross dishonesty and substantive fairness of the dismissal. The applicant further argues that the court erred in upholding reinstatement as an appropriate remedy and in making an adverse costs order against the applicant.
Respondent
The respondents submit that the Commissioner acted within the bounds of reasonableness and that no reviewable irregularity occurred. They argue that the findings on substantive fairness and reinstatement were justified and that the costs order was appropriate given the outcome.

05

Court’s reasoning

  1. 01

    Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC)

    The test for review of CCMA awards requires the court to determine whether the decision reached by the Commissioner is one that a reasonable decision-maker could reach.

  2. 02

    Section 162 of the Labour Relations Act, 66 of 1995

    Costs should ordinarily follow the result, especially where the employer is unsuccessful against the employee in the Labour Court.

06

Ratio, limits and disposition

Ratio decidendi

The court found that none of the grounds raised by the applicant demonstrated a reasonable prospect of success on appeal. The Commissioner did not commit a reviewable irregularity in his findings regarding gross dishonesty, substantive fairness, or the appropriateness of reinstatement. The adverse costs order was justified as it is standard practice for costs to follow the result when an employer loses against an employee in the Labour Court. The application for leave to appeal was therefore dismissed with costs.

Obiter and limits

  • Comprehensive submissions were filed by both parties, but none persuaded the court that another court would reach a different conclusion.
  • The authorities cited in the judgment remain applicable and were properly considered in the review.

Court disposition

Application for leave to appeal dismissed with costs.

  • The application for leave to appeal is dismissed with costs.

Source and reliance status

Labour Court Johannesburg

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Ruling

[2015] ZALCJHB 404

THE LABOUR COURT OF SOUTH AFRICA,

JOHANNESBURG

Case No: JR1127/13

Not reportable

Not of interest to other judges

In the matter between:

MINTEK Applicant (Applicant in the application for leave to appeal) and COMMISSION FOR CONCILIATION,

MEDIATION AND ARBITRATION First Respondent BOYCE, TIMOTHY N.O Second Respondent COKO , WALTER AND FIVE OTHERS Third to Further Respondents

(Respondents in the application for leave to appeal)

Decided: In Chambers

Judgment: 18 November 2015

Summary: Application for leave to appeal dismissed with costs.

JUDGMENT - APPLICATION FOR LEAVE TO APPEAL

AC BASSON J.

[1] This is an application for leave to appeal against the whole of my judgment handed down on 21 October 2015. The grounds on which the applicant seeks leave to appeal are set out in the Notice of Application for leave to Appeal. In essence the applicant is submitting firstly, that this Court erred in holding that the Commissioner had not committed a reviewable irregularity in finding

that the individual respondents were not guilty of gross dishonesty and that the dismissal was substantively fair. Secondly, this Court erred in holding that the Commissioner had not committed a reviewable irregularity in finding that reinstatement was an appropriate remedy. Thirdly, this Court erred in making an adverse costs order against the applicant.

[2] Both parties have filed comprehensive submissions addressing each of these grounds. I have considered each of these grounds in arriving at a decision and I am not persuaded, having considered each of these grounds and the submissions filed on behalf of both parties, that there are reasonable prospects an appeal in this matter will be successful.

[3] I have in my judgement referred to the most recent authorities in respect of the particular test for reviews of CCMA awards. I am not persuaded that the there is a reasonable prospect that another court would grant the review application. I am also not persuaded that another court would have dismissed the review application without costs against the applicant as it is a normal and just outcome that costs should follow when an employer loses against his employee in this court.

Order

[4] In the event the following order is made:

4.1 The application for leave to appeal is dismissed with costs.

______

AC

BASSON

Judge of the Labour Court of South Africa

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC)

Case cited

Labour Relations Act, 66 of 1995

Legislation

Legislation referenced in the available case record.

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