Moroka v Commission for Conciliation Mediation And Arbitration and Others (JR623/2003) [2007] ZALCJHB 37 (25 July 2007)

Moroka v Commission for Conciliation Mediation And Arbitration and Others (JR623/2003) [2007] ZALCJHB 37 (25 July 2007)

The applicant failed to establish any of the statutory or broader grounds for review of the arbitration award. The employment contract expressly prohibited engaging in other business without written consent, which the applicant admitted to breaching. The arbitrator's decision to uphold the dismissal was rational and justifiable, particularly given the overlap in business activities and the absence of consent. The sanction of dismissal was appropriate and considered in light of the Code of Good Practice. Condonation for late filing was granted as it was not opposed and no prejudice was shown, but the review application itself was dismissed with costs.

Citation
[2007] ZALCJHB 37
Parties
Applicant: David Thivhulani Moroka; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Jowie Teffo N.O.; Respondent: Solar Vision (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
25 July 2007
Case Number
JR623/2003
Procedural Posture
Review Application / Judgment
Outcome
Application for review and setting aside of the arbitration award is dismissed with costs. Condonation for late filing is granted.
Judges
Ngalwana AJ
Legal Topics
Review of Arbitration Award, Condonation for Late Filing, Dismissal for Conflict of Interest, Code of Good Practice
Labour Law Civil Procedure Review of Arbitration Award Condonation for Late Filing Dismissal for Conflict of Interest Code of Good Practice

Case Brief

Summary, issues, holding and outcome

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Parties

David Thivhulani Moroka

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Jowie Teffo N.O.

Respondent

Solar Vision (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant established any of the statutory grounds for review under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant's dismissal for engaging in another business without consent was substantively fair.
  3. 3 Whether condonation for late filing of the review application should be granted.

Ratio Decidendi

The applicant failed to establish any of the statutory or broader grounds for review of the arbitration award. The employment contract expressly prohibited engaging in other business without written consent, which the applicant admitted to breaching. The arbitrator's decision to uphold the dismissal was rational and justifiable, particularly given the overlap in business activities and the absence of consent. The sanction of dismissal was appropriate and considered in light of the Code of Good Practice. Condonation for late filing was granted as it was not opposed and no prejudice was shown, but the review application itself was dismissed with costs.

Court Disposition

Application for review and setting aside of the arbitration award is dismissed with costs. Condonation for late filing is granted.

Orders

  • Condonation for late filing of the review application is granted.
  • The application for review and setting aside of the second respondent's award is dismissed with costs.