National Union of Mine Workers v Pienaar and Others (J1464/00) [2003] ZALC 68 (5 June 2003)

National Union of Mine Workers v Pienaar and Others (J1464/00) [2003] ZALC 68 (5 June 2003)

The court found that the Commissioner was obliged to determine whether Mr Mokwena was absent from work to attend a union meeting without permission and whether the medical certificate justified his absence. The Commissioner’s rejection of Mr Mokwena’s version was based on an assessment of probabilities and witness credibility. The applicant failed to establish any gross irregularity or misdirection regarding the onus of proof or the findings made by the Commissioner. The grounds advanced by the applicant did not fall within those permitted by section 33 of the Arbitration Act. Consequently, there was no basis for the court to interfere with the arbitration award.

Citation
[2003] ZALC 68
Parties
Applicant: National Union of Mine Workers; Respondent: D J Pienaar; Respondent: Motor Industry Bargaining Council; Respondent: T B Manufacturing CC
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
5 June 2003
Case Number
J1464/00
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
A A Landman
Legal Topics
Review of Arbitration Award, Onus of Proof, Procedural Fairness, Gross Irregularity
Labour Law Civil Procedure Review of Arbitration Award Onus of Proof Procedural Fairness Gross Irregularity

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mine Workers

Applicant

D J Pienaar

Respondent

Motor Industry Bargaining Council

Respondent

T B Manufacturing CC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Commissioner committed a gross irregularity by misdirecting himself regarding the onus of proof.
  2. 2 Whether the Commissioner’s finding that the medical certificate was not legitimate was supported by the evidence.
  3. 3 Whether the Commissioner failed to consider relevant evidence in finding the applicant was lying.

Ratio Decidendi

The court found that the Commissioner was obliged to determine whether Mr Mokwena was absent from work to attend a union meeting without permission and whether the medical certificate justified his absence. The Commissioner’s rejection of Mr Mokwena’s version was based on an assessment of probabilities and witness credibility. The applicant failed to establish any gross irregularity or misdirection regarding the onus of proof or the findings made by the Commissioner. The grounds advanced by the applicant did not fall within those permitted by section 33 of the Arbitration Act. Consequently, there was no basis for the court to interfere with the arbitration award.

Court Disposition

Application dismissed.

Orders

  • The application to review and set aside the arbitration award is dismissed.