National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 1422/05) [2007] ZALC 129 (9 May 2007)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 1422/05) [2007] ZALC 129 (9 May 2007)

The court found that the Second Respondent's arbitration award was supported by the evidence and reasoning provided. The arbitrator accepted the Third Respondent's version as credible and gave valid reasons for rejecting the Second Applicant's explanation regarding the missing chicken boxes. The evidence indicated that the Second Applicant colluded with Hoxies staff, which constituted dishonesty and justified dismissal. The procedural aspects of the disciplinary inquiry were properly handled, and there was no irregularity or misconduct by the arbitrator. The court concluded that the award was well reasoned and defensible, and there was no basis for review under section 145 of the Labour...

Citation
[2007] ZALC 129
Parties
Applicant: National Union of Mineworkers; Applicant: H.J. Mahori; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Bernard van Eck NO; Respondent: Rustenburg Platinum Mines Limited (Union Section)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 May 2007
Case Number
JR 1422/05
Procedural Posture
Review Application / Judgment
Outcome
The application for review is dismissed. Applications for condonation are granted.
Judges
G N Moshoana
Legal Topics
Review of Arbitration Award, Condonation, Substantive Fairness, Procedural Fairness, Dishonesty, Gross Negligence
Labour Law Civil Procedure Review of Arbitration Award Condonation Substantive Fairness Procedural Fairness Dishonesty Gross Negligence

Case Brief

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Parties

National Union of Mineworkers

Applicant

H.J. Mahori

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Bernard van Eck NO

Respondent

Rustenburg Platinum Mines Limited (Union Section)

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the Second Respondent is reviewable under section 145 of the Labour Relations Act.
  2. 2 Whether the Second Respondent committed a gross irregularity or misconducted himself in the arbitration proceedings.
  3. 3 Whether the dismissal of the Second Applicant was substantively and procedurally fair.

Ratio Decidendi

The court found that the Second Respondent's arbitration award was supported by the evidence and reasoning provided. The arbitrator accepted the Third Respondent's version as credible and gave valid reasons for rejecting the Second Applicant's explanation regarding the missing chicken boxes. The evidence indicated that the Second Applicant colluded with Hoxies staff, which constituted dishonesty and justified dismissal. The procedural aspects of the disciplinary inquiry were properly handled, and there was no irregularity or misconduct by the arbitrator. The court concluded that the award was well reasoned and defensible, and there was no basis for review under section 145 of the Labour...

Court Disposition

The application for review is dismissed. Applications for condonation are granted.

Orders

  • Applications for condonation are granted.
  • Application for review is dismissed.