National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR1347/2007) [2010] ZALC 250 (9 November 2010)

National Union of Mineworkers and Another v Commission for Conciliation Mediation and Arbitration and Others (JR1347/2007) [2010] ZALC 250 (9 November 2010)

The court found that the commissioner did not commit reviewable misconduct by allegedly placing the burden of proof on the applicant. The commissioner merely observed that the applicant could not provide a reasonable explanation as to why Mahloale would lie, which is not a reversal of the burden of proof. The commissioner properly considered both versions presented at arbitration and reasonably preferred the evidence of Mahloale, who had passed a polygraph test and whose account was not contradicted by any evidence of animosity or involvement in a bonus fraud scheme. The court held that the commissioner was alive to all relevant allegations and evidence, and that her conclusions were...

Citation
[2010] ZALC 250
Parties
Applicant: National Union of Mineworkers; Applicant: Peter Masha; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mtutuzeli Ngqeleni; Respondent: Tavistock Colliery a division of Xstrata South Africa (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
9 November 2010
Case Number
JR1347/2007
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed. No order as to costs.
Judges
AC Basson
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Burden of Proof, Polygraph Evidence, Credibility of Witnesses
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Burden of Proof Polygraph Evidence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Peter Masha

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Mtutuzeli Ngqeleni

Respondent

Tavistock Colliery a division of Xstrata South Africa (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed reviewable misconduct by allegedly placing the burden of proof on the applicant to explain why a witness would lie.
  2. 2 Whether the commissioner failed to properly consider the applicant's version and the authenticity of the polygraph test.
  3. 3 Whether the dismissal of the applicant was substantively and procedurally fair.

Ratio Decidendi

The court found that the commissioner did not commit reviewable misconduct by allegedly placing the burden of proof on the applicant. The commissioner merely observed that the applicant could not provide a reasonable explanation as to why Mahloale would lie, which is not a reversal of the burden of proof. The commissioner properly considered both versions presented at arbitration and reasonably preferred the evidence of Mahloale, who had passed a polygraph test and whose account was not contradicted by any evidence of animosity or involvement in a bonus fraud scheme. The court held that the commissioner was alive to all relevant allegations and evidence, and that her conclusions were...

Court Disposition

Application for review dismissed. No order as to costs.

Orders

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