Murray & Roberts Cementation (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 1613/10) [2013] ZALCJHB 234 (7 August 2013)

Murray & Roberts Cementation (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 1613/10) [2013] ZALCJHB 234 (7 August 2013)

The court found that the Commissioner had properly considered the evidence and applicable law in reaching his decision. The Commissioner evaluated both charges against the Fourth Respondent, finding no evidence of fraud and accepting the established practice regarding the claiming of hours. The Commissioner determined that the Fourth Respondent's failure to return to work after being instructed was serious but did not warrant dismissal, taking into account his disciplinary record and length of service. The court held that the Commissioner’s award was reasonable and within the bounds of his powers, and that no misconduct or gross irregularity occurred during the arbitration. Accordingly,...

Citation
[2013] ZALCJHB 234
Parties
Applicant: Murray & Roberts Cementation (Pty) Limited; Respondent: Commissioner for Conciliation, Mediation and Arbitration; Respondent: Commissioner Timothy N.O.; Respondent: National Union of Mineworkers; Respondent: Molefe Sello Edward
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 August 2013
Case Number
JR 1613/10
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Review application dismissed.
Judges
Matyolo
Legal Topics
Unfair Dismissal, Arbitration Review, Insubordination, Dishonesty, Reinstatement, Back Pay
Labour Law Unfair Dismissal Arbitration Review Insubordination Dishonesty Reinstatement Back Pay

Case Brief

Summary, issues, holding and outcome

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Parties

Murray & Roberts Cementation (Pty) Limited

Applicant

Commissioner for Conciliation, Mediation and Arbitration

Respondent

Commissioner Timothy N.O.

Respondent

National Union of Mineworkers

Respondent

Molefe Sello Edward

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether the Commissioner applied his mind to the evidence and law in reaching his award.
  2. 2 Whether the dismissal of the Fourth Respondent was substantively and procedurally fair.
  3. 3 Whether the Commissioner committed misconduct or gross irregularity in the arbitration proceedings.

Ratio Decidendi

The court found that the Commissioner had properly considered the evidence and applicable law in reaching his decision. The Commissioner evaluated both charges against the Fourth Respondent, finding no evidence of fraud and accepting the established practice regarding the claiming of hours. The Commissioner determined that the Fourth Respondent's failure to return to work after being instructed was serious but did not warrant dismissal, taking into account his disciplinary record and length of service. The court held that the Commissioner’s award was reasonable and within the bounds of his powers, and that no misconduct or gross irregularity occurred during the arbitration. Accordingly,...

Court Disposition

Review application dismissed.

Orders

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