Mintek v Commission for Conciliation, Mediation and Arbitration and Others (JR1127/13) [2015] ZALCJHB 404 (18 November 2015)
- Citation
- [2015] ZALCJHB 404
- Status
- Ruling
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- AC Basson
- Case number
- JR1127/13
More details
- Court
- Labour Court Johannesburg
- Panel
- AC Basson
- Case number
- JR1127/13
On this page
Professional case brief
Research organized from the available case record
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
ApplicantCommission for Conciliation, Mediation and Arbitration
RespondentBoyce, Timothy N.O
RespondentCoko, Walter and Five Others
Respondent03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the Commissioner committed a reviewable irregularity in finding that the individual respondents were not guilty of gross dishonesty and that the dismissal was substantively fair.
- 02
Whether the Commissioner committed a reviewable irregularity in finding that reinstatement was an appropriate remedy.
- 03
Whether the adverse costs order against the applicant was justified.
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Ruling
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
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