Myers v National Commissioner, SAPS and Others (C177/2008) [2009] ZALC 172 (20 April 2009)

Myers v National Commissioner, SAPS and Others (C177/2008) [2009] ZALC 172 (20 April 2009)

The court found that there was no reasonable prospect that another court would reach a different conclusion on the facts. The third respondent's arbitration award was reviewable due to fundamental misdirections, including confusion over the charges, failure to consider previous infractions, and inappropriate application of mitigating and aggravating factors. The disciplinary record was unclear, and the arbitration was improperly limited to the disciplinary hearing record, preventing a proper determination of the charge and sanction. The matter was remitted for urgent de novo consideration before a different commissioner, as clear evidence and findings were required. The application for...

Citation
[2009] ZALC 172
Parties
Applicant: Ivan Myers; Respondent: National Commissioner, SAPS; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: De Kock, C
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
20 April 2009
Case Number
C177/2008
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Labour Court Judgment
Outcome
Application for leave to appeal dismissed.
Judges
Ngalwana AJ
Legal Topics
Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Remittal for De Novo Hearing, Labour Relations Act, Code of Good Practice
Labour Law Civil Procedure Review of Arbitration Award Procedural Fairness Substantive Fairness Remittal for De Novo Hearing Labour Relations Act Code of Good Practice

Case Brief

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Parties

Ivan Myers

Applicant

National Commissioner, SAPS

Respondent

Safety and Security Sectoral Bargaining Council

Respondent

De Kock, C

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Labour Court Judgment

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion on the facts.
  2. 2 Whether the arbitration award by the third respondent was reviewable on grounds of irrationality, unjustifiability, or unreasonableness.
  3. 3 Whether the matter should be remitted for a de novo hearing before a different commissioner.

Ratio Decidendi

The court found that there was no reasonable prospect that another court would reach a different conclusion on the facts. The third respondent's arbitration award was reviewable due to fundamental misdirections, including confusion over the charges, failure to consider previous infractions, and inappropriate application of mitigating and aggravating factors. The disciplinary record was unclear, and the arbitration was improperly limited to the disciplinary hearing record, preventing a proper determination of the charge and sanction. The matter was remitted for urgent de novo consideration before a different commissioner, as clear evidence and findings were required. The application for...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • The matter remains remitted to the second respondent for urgent de novo hearing before a different commissioner.