Natal Shoe Components CC v Ndawonde (D250/97) [1998] ZALC 15 (22 May 1998)

Natal Shoe Components CC v Ndawonde (D250/97) [1998] ZALC 15 (22 May 1998)

The court found that the commissioner failed to warn Mrs Govender or the applicant about the consequences of her presence during Mr Aaron's testimony, and subsequently rejected her evidence on that basis. This constituted a gross irregularity under section 145(2)(a)(ii) of the Labour Relations Act. The court also held that the consideration of the Legal Wise letter was not in itself irregular, as it accompanied the referral documents and was received from an attorney. However, the main ground for review was the improper rejection of Mrs Govender's evidence, which rendered the arbitration award susceptible to being set aside.

Citation
[1998] ZALC 15
Parties
Applicant: Natal Shoe Components CC; Respondent: S Ndawonde
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
22 May 1998
Case Number
D250/97
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
Arbitration award set aside due to gross irregularity.
Judges
Revelas
Legal Topics
Review of Arbitration Award, Gross Irregularity, Unfair Dismissal, Admissibility of Evidence
Labour Law Civil Procedure Review of Arbitration Award Gross Irregularity Unfair Dismissal Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Natal Shoe Components CC

Applicant

S Ndawonde

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity by rejecting the evidence of Mrs Govender without proper warning.
  2. 2 Whether the commissioner improperly considered a letter from Legal Wise not formally entered into evidence.
  3. 3 Whether the arbitration award should be set aside under section 145(2)(a)(ii) of the Labour Relations Act.

Ratio Decidendi

The court found that the commissioner failed to warn Mrs Govender or the applicant about the consequences of her presence during Mr Aaron's testimony, and subsequently rejected her evidence on that basis. This constituted a gross irregularity under section 145(2)(a)(ii) of the Labour Relations Act. The court also held that the consideration of the Legal Wise letter was not in itself irregular, as it accompanied the referral documents and was received from an attorney. However, the main ground for review was the improper rejection of Mrs Govender's evidence, which rendered the arbitration award susceptible to being set aside.

Court Disposition

Arbitration award set aside due to gross irregularity.

Orders

  • The arbitration award dated 10 September 1997 issued by commissioner Mr J Majake of the CCMA under case number KN 4069/97 is set aside on the basis of a gross irregularity in terms of section 145(2)(a)(ii) of the Labour Relations Act.
  • No order as to costs.