National Union Of Mine Workers and Another v Commissioner For Conciliation, Mediation & Arbitration and Others (C23/08) [2010] ZALCJHB 1 (23 April 2010)

National Union Of Mine Workers and Another v Commissioner For Conciliation, Mediation & Arbitration and Others (C23/08) [2010] ZALCJHB 1 (23 April 2010)

The court held that the commissioner applied his mind to all relevant facts and evidence, including the applicant's admission of alcohol consumption, the positive breathalyzer test, and the amended disciplinary policy. The commissioner did not defer to the employer's decision but exercised independent judgment in determining the fairness of the dismissal. The court found that the decision reached by the commissioner was one that a reasonable decision maker could reach, and that the applicants failed to establish any gross irregularity or denial of a fair hearing. The inconsistent application of discipline was addressed by the amendment to the policy, which introduced zero tolerance for...

Citation
[2010] ZALCJHB 1
Parties
Applicant: National Union Of Mine Workers; Applicant: Jan Jappies; Respondent: Commissioner For Conciliation, Mediation & Arbitration; Respondent: Commissioner Seele Mokoena N.O; Respondent: Hotazel Manganese Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 April 2010
Case Number
C23/08
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Gross Irregularity, Disciplinary Code, Zero Tolerance Policy
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Gross Irregularity Disciplinary Code Zero Tolerance Policy

Case Brief

Summary, issues, holding and outcome

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Parties

National Union Of Mine Workers

Applicant

Jan Jappies

Applicant

Commissioner For Conciliation, Mediation & Arbitration

Respondent

Commissioner Seele Mokoena N.O

Respondent

Hotazel Manganese Mine

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the CCMA commissioner committed a gross irregularity in the arbitration award.
  2. 2 Whether the dismissal of the applicant was substantively and procedurally fair.
  3. 3 Whether the commissioner unreasonably deferred to the employer's decision.

Ratio Decidendi

The court held that the commissioner applied his mind to all relevant facts and evidence, including the applicant's admission of alcohol consumption, the positive breathalyzer test, and the amended disciplinary policy. The commissioner did not defer to the employer's decision but exercised independent judgment in determining the fairness of the dismissal. The court found that the decision reached by the commissioner was one that a reasonable decision maker could reach, and that the applicants failed to establish any gross irregularity or denial of a fair hearing. The inconsistent application of discipline was addressed by the amendment to the policy, which introduced zero tolerance for...

Court Disposition

Application dismissed.

Orders

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