Mphela v Metal Engineering Industries Bargaining Council and Others (JR1661/12) [2022] ZALCJHB 252 (6 September 2022)

Mphela v Metal Engineering Industries Bargaining Council and Others (JR1661/12) [2022] ZALCJHB 252 (6 September 2022)

The court found that the record of the arbitration proceedings was materially incomplete, lacking the evidence of the applicant and his witness, as well as portions of the respondent's witnesses. Without a full transcript, the court could not properly assess the reasonableness of the commissioner's award or apply the Sidumo test. The applicant failed to take all reasonable steps to reconstruct the missing portions of the record, having only attempted reconstruction once and providing no explanation for the lack of further efforts. The litigation had become protracted, and postponement or striking from the roll would serve no purpose. Consequently, the only appropriate course was to...

Citation
[2022] ZALCJHB 252
Parties
Applicant: Peter Ditlhokoe Mphela; Respondent: Metal Engineering Industries Bargaining Council; Respondent: Paul Kirsten N.O.; Respondent: Pretoria Metal Pressing (Denel SOC LTD)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 September 2022
Case Number
JR1661/12
Procedural Posture
Review Application / Judgment on Review Application Under Section 145 of the LRA
Outcome
Application for review dismissed due to incomplete record.
Judges
Schensema
Legal Topics
Review of Arbitration Award, Incomplete Record, Unfair Dismissal, Reasonableness Standard
Labour Law Civil Procedure Review of Arbitration Award Incomplete Record Unfair Dismissal Reasonableness Standard

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Ditlhokoe Mphela

Applicant

Metal Engineering Industries Bargaining Council

Respondent

Paul Kirsten N.O.

Respondent

Pretoria Metal Pressing (Denel SOC LTD)

Respondent

Procedural Posture

Review Application / Judgment on Review Application Under Section 145 of the LRA

Legal Issues

  1. 1 Whether the incomplete record of arbitration proceedings is material to the review application.
  2. 2 Whether the applicant took all reasonable steps to reconstruct the missing portions of the record.
  3. 3 Whether the arbitration award can be reviewed and set aside in the absence of a complete record.

Ratio Decidendi

The court found that the record of the arbitration proceedings was materially incomplete, lacking the evidence of the applicant and his witness, as well as portions of the respondent's witnesses. Without a full transcript, the court could not properly assess the reasonableness of the commissioner's award or apply the Sidumo test. The applicant failed to take all reasonable steps to reconstruct the missing portions of the record, having only attempted reconstruction once and providing no explanation for the lack of further efforts. The litigation had become protracted, and postponement or striking from the roll would serve no purpose. Consequently, the only appropriate course was to...

Court Disposition

Application for review dismissed due to incomplete record.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.