National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JA43/2017) [2017] ZALAC 73; [2018] 3 BLLR 267 (LAC) (28 November 2017)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JA43/2017) [2017] ZALAC 73; [2018] 3 BLLR 267 (LAC) (28 November 2017)

The Labour Court correctly found that the commissioner failed to resolve irreconcilable factual disputes by not applying the proper technique for evaluating credibility, reliability, and probabilities. The allegation of racial abuse was not put to the employer's witnesses in cross-examination, depriving the commissioner of the opportunity to assess the evidence appropriately. The arbitration award was not one that a reasonable commissioner could reach on the available material, and key issues remained unresolved. Therefore, the Labour Court was justified in setting aside the award and remitting the matter to the CCMA for hearing before another commissioner.

Citation
[2017] ZALAC 73
Parties
Appellant: National Union of Mineworkers; Appellant: MWACHANDA M.M; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: M Ramotshela N.O.; Respondent: Rustenburg Platinum Mines Limited
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
28 November 2017
Case Number
JA43/2017
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Setting Aside Arbitration Award and Remitting Dispute to Ccma.
Outcome
Appeal dismissed with costs.
Judges
Tlaletsi, Ndlovu, Savage
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Self Defence in Employment, Cross Examination, Reasonableness Standard
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Self Defence in Employment Cross Examination Reasonableness Standard

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Appellant

MWACHANDA M.M

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

M Ramotshela N.O.

Respondent

Rustenburg Platinum Mines Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Setting Aside Arbitration Award and Remitting Dispute to Ccma.

Legal Issues

  1. 1 Whether the Labour Court erred in setting aside the arbitration award and remitting the dispute for re-hearing before another commissioner.
  2. 2 Whether the commissioner properly resolved irreconcilable factual disputes and applied the correct test for evaluating evidence.
  3. 3 Whether the allegation of racial abuse was properly put to the employer's witnesses in cross-examination.

Ratio Decidendi

The Labour Court correctly found that the commissioner failed to resolve irreconcilable factual disputes by not applying the proper technique for evaluating credibility, reliability, and probabilities. The allegation of racial abuse was not put to the employer's witnesses in cross-examination, depriving the commissioner of the opportunity to assess the evidence appropriately. The arbitration award was not one that a reasonable commissioner could reach on the available material, and key issues remained unresolved. Therefore, the Labour Court was justified in setting aside the award and remitting the matter to the CCMA for hearing before another commissioner.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.