Mwepu v Commission for Conciliation, Mediation and Arbitration and Others (JR924/18) [2020] ZALCJHB 51 (26 February 2020)

Mwepu v Commission for Conciliation, Mediation and Arbitration and Others (JR924/18) [2020] ZALCJHB 51 (26 February 2020)

The court found that the applicant failed to discharge the onus of proving that he was dismissed, as required by section 192(1) of the Labour Relations Act. The evidence showed that the applicant's fixed term contract ended upon the registration of the property transfer, and any subsequent arrangement was not a continuation of the original contract. The arbitrator's conclusion that the applicant was not dismissed was reasonable and justified on the evidence presented. The applicant did not establish any grounds for review, such as misconduct, gross irregularity, or excess of powers by the arbitrator. Accordingly, the review application was dismissed.

Citation
[2020] ZALCJHB 51
Parties
Applicant: Bambabu Oscar Mwepu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Allan Kayne; Respondent: Evans KGB Property Management
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
26 February 2020
Case Number
JR924/18
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
Mahosi
Legal Topics
Fixed Term Contract, Dismissal Definition, Review of Arbitration Award, Onus of Proof, Costs Award
Labour Law Fixed Term Contract Dismissal Definition Review of Arbitration Award Onus of Proof Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Bambabu Oscar Mwepu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Allan Kayne

Respondent

Evans KGB Property Management

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award dismissing the applicant's claim was reviewable under section 145 of the Labour Relations Act.
  2. 2 Whether the applicant was dismissed as defined by section 186(1) of the Labour Relations Act.
  3. 3 Whether the expiry of the fixed term contract constituted a dismissal.

Ratio Decidendi

The court found that the applicant failed to discharge the onus of proving that he was dismissed, as required by section 192(1) of the Labour Relations Act. The evidence showed that the applicant's fixed term contract ended upon the registration of the property transfer, and any subsequent arrangement was not a continuation of the original contract. The arbitrator's conclusion that the applicant was not dismissed was reasonable and justified on the evidence presented. The applicant did not establish any grounds for review, such as misconduct, gross irregularity, or excess of powers by the arbitrator. Accordingly, the review application was dismissed.

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award issued by the second respondent under the auspices of the first respondent under case number GAJB7913/18, dated 08 May 2018 is dismissed.
  • There is no order as to costs.