Municipal Employees Pension Fund and Another v Ntozakhe and Others (JR1109/05) [2006] ZALCJHB 10 (6 March 2006)

Municipal Employees Pension Fund and Another v Ntozakhe and Others (JR1109/05) [2006] ZALCJHB 10 (6 March 2006)

The court found that the arbitrator committed a gross irregularity by excluding the applicant from the arbitration proceedings on the basis of an alleged lack of authority of its representative. The evidence presented, including minutes of meetings, administration agreements, and instructions from the chief...

Source-derived case information.

Citation
[2006] ZALCJHB 10
Parties
Applicant: Municipal Employees Pension Fund; Applicant: AKA Retirement Services (Pty) Limited; Respondent: Philda Magazi Ntozakhe; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Magazi
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 March 2006
Case Number
JR1109/05
Procedural Posture
Review Application / Judgment
Outcome
The award of the first respondent is set aside and the dispute is remitted to the CCMA for arbitration before a different arbitrator.
Judges
Revelas
Legal Topics
Unfair Dismissal, Locus Standi, Arbitration Review, Audi Alteram Partem, Authority of Representative
Labour Law Civil Procedure Unfair Dismissal Locus Standi Arbitration Review Audi Alteram Partem Authority of Representative

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Summary, issues, holding and outcome

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Parties

Municipal Employees Pension Fund

Applicant

AKA Retirement Services (Pty) Limited

Applicant

Philda Magazi Ntozakhe

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Magazi

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by excluding the applicant from the arbitration process due to lack of authority of its representative.
  2. 2 Whether the absence of a certificate of non-resolution invalidated the arbitration proceedings.
  3. 3 Whether the arbitrator erred by proceeding by default and not taking evidence under oath.

Ratio Decidendi

The court found that the arbitrator committed a gross irregularity by excluding the applicant from the arbitration proceedings on the basis of an alleged lack of authority of its representative. The evidence presented, including minutes of meetings, administration agreements, and instructions from the chief executive officer, was sufficient to establish authority for representation. The arbitrator erred by relying solely on submissions and not taking evidence under oath, especially given the seriousness of the charges and the conflicting versions. The absence of a certificate of non-resolution did not invalidate the proceedings due to the nature of the consolidated...

Court Disposition

The award of the first respondent is set aside and the dispute is remitted to the CCMA for arbitration before a different arbitrator.

Orders

  • The award of the first respondent is hereby set aside.
  • The dispute is remitted to the CCMA, to be arbitrated by a different arbitrator.