Naidoo v Commission for Conciliation, Mediation and Arbitration and Others (JR950/06) [2009] ZALCJHB 30 (27 July 2009)

Naidoo v Commission for Conciliation, Mediation and Arbitration and Others (JR950/06) [2009] ZALCJHB 30 (27 July 2009)

The court found that the arbitrator's reasons for refusing reinstatement—namely, the applicant's persistent denial of misconduct and failure to take the arbitrator into confidence—did not fall within the statutory exceptions listed in section 193(2) of the Labour Relations Act. The arbitrator was obliged to order reinstatement unless one of the exceptions applied, and his failure to do so constituted a misdirection and gross irregularity. The court held that a reasonable decision maker could not have reached the conclusion to deny reinstatement on the grounds advanced. Accordingly, the arbitration award was reviewed and set aside, and substituted with an order for reinstatement without...

Citation
[2009] ZALCJHB 30
Parties
Applicant: Jayseelin Naidoo; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner C J B Schoeman; Respondent: Vodacom (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 July 2009
Case Number
JR950/06
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; substituted with order for reinstatement without loss of salary, benefits, or conditions.
Judges
Nyathela
Legal Topics
Unfair Dismissal, Reinstatement, Compensation, Arbitration Review, Remedies for Unfair Dismissal
Labour Law Unfair Dismissal Reinstatement Compensation Arbitration Review Remedies for Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Jayseelin Naidoo

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner C J B Schoeman

Respondent

Vodacom (Pty) Ltd

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's refusal to order reinstatement was justified under section 193(2) of the Labour Relations Act.
  2. 2 Whether the arbitrator committed a gross irregularity in awarding compensation instead of reinstatement.
  3. 3 Whether the grounds advanced for denying reinstatement fell within the statutory exceptions.

Ratio Decidendi

The court found that the arbitrator's reasons for refusing reinstatement—namely, the applicant's persistent denial of misconduct and failure to take the arbitrator into confidence—did not fall within the statutory exceptions listed in section 193(2) of the Labour Relations Act. The arbitrator was obliged to order reinstatement unless one of the exceptions applied, and his failure to do so constituted a misdirection and gross irregularity. The court held that a reasonable decision maker could not have reached the conclusion to deny reinstatement on the grounds advanced. Accordingly, the arbitration award was reviewed and set aside, and substituted with an order for reinstatement without...

Court Disposition

Arbitration award reviewed and set aside; substituted with order for reinstatement without loss of salary, benefits, or conditions.

Orders

  • The award issued by the arbitrator under case number GAPT 9198-06 dated 10 March 2006 is reviewed and substituted with an order that the respondent is to reinstate the applicant, J Naidoo, without loss of salary, benefits, or conditions not less favourable than those applicable prior to dismissal.
  • The applicant is to report for duty within fourteen days of the date of this order.