National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 988/01) [2006] ZALC 123; (2007) 28 ILJ 402 (LC) (8 November 2006)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 988/01) [2006] ZALC 123; (2007) 28 ILJ 402 (LC) (8 November 2006)

Condonation for the late filing of the review application was granted due to an adequate explanation and overwhelming prospects of success. The commissioner misapplied section 193(2) of the Labour Relations Act by introducing irrelevant considerations and failing to apply the statutory exceptions. There was no evidence that any exception to reinstatement existed. The commissioner's award of compensation was unreasonable and constituted a gross irregularity. The award was reviewed and set aside, and substituted with an order for reinstatement of the second applicant from the date of dismissal. Costs were awarded against the third respondent.

Citation
[2006] ZALC 123
Parties
Applicant: National Union of Mineworkers; Applicant: Daniel Ramatsetse; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Eric Phindela N.O.; Respondent: Lebowa Platinum Mines Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
8 November 2006
Case Number
JR 988/01
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for condonation granted. Arbitration award reviewed and set aside. Second applicant reinstated from date of dismissal. Costs awarded to applicants.
Judges
Francis
Legal Topics
Unfair Dismissal, Condonation, Reinstatement, Compensation, Arbitration Review, Remedies for Unfair Dismissal
Labour Law Unfair Dismissal Condonation Reinstatement Compensation Arbitration Review Remedies for Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Daniel Ramatsetse

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Eric Phindela N.O.

Respondent

Lebowa Platinum Mines Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether condonation for the late filing of the review application should be granted.
  2. 2 Whether the commissioner misapplied section 193(2) of the Labour Relations Act by awarding compensation instead of reinstatement.
  3. 3 Whether the commissioner committed a gross irregularity in not ordering reinstatement despite the absence of statutory exceptions.

Ratio Decidendi

Condonation for the late filing of the review application was granted due to an adequate explanation and overwhelming prospects of success. The commissioner misapplied section 193(2) of the Labour Relations Act by introducing irrelevant considerations and failing to apply the statutory exceptions. There was no evidence that any exception to reinstatement existed. The commissioner's award of compensation was unreasonable and constituted a gross irregularity. The award was reviewed and set aside, and substituted with an order for reinstatement of the second applicant from the date of dismissal. Costs were awarded against the third respondent.

Court Disposition

Application for condonation granted. Arbitration award reviewed and set aside. Second applicant reinstated from date of dismissal. Costs awarded to applicants.

Orders

  • The commissioner's finding awarding nine months compensation is reviewed and set aside and substituted with an order that the third respondent is to reinstate the second applicant from the date of his dismissal.
  • The third respondent is to pay the costs of the application.