National Union Of Mineworkers and Another v Commission For Conciliation, Mediation And Arbitration and Others (C587/08) [2010] ZALCCT 15 (12 March 2010)

National Union Of Mineworkers and Another v Commission For Conciliation, Mediation And Arbitration and Others (C587/08) [2010] ZALCCT 15 (12 March 2010)

The court found that the arbitrator properly considered the evidence and arguments regarding alleged inconsistent disciplinary treatment. The incidents cited by the applicant (Ms Dube/Sithole and Sebeela/Malebane) were not directly comparable to the applicant's case, either due to lack of formal disciplinary proceedings or insufficient evidence. The arbitrator was not required to conduct a full rehearing of those incidents and was entitled to rely on the investigations and outcomes as presented. There was no irregularity or misdirection in the arbitrator's reasoning or conclusion. The dismissal of the second applicant was justified by the seriousness of the assault and the circumstances...

Citation
[2010] ZALCCT 15
Parties
Applicant: National Union of Mineworkers; Applicant: Stembiso Philmon Sibiya; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sareng Neville Mocwaledi N.O.; Respondent: Sedibeng Diamond Mine JV t/a Sedibeng Diamonds
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
12 March 2010
Case Number
C587/08
Procedural Posture
Review Application / Judgment
Outcome
The review application is dismissed.
Judges
KS Tip
Legal Topics
Inconsistent Disciplinary Action, Dismissal for Misconduct, Arbitration Review, Breakdown of Employment Relationship
Labour Law Inconsistent Disciplinary Action Dismissal for Misconduct Arbitration Review Breakdown of Employment Relationship

Case Brief

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Parties

National Union of Mineworkers

Applicant

Stembiso Philmon Sibiya

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Sareng Neville Mocwaledi N.O.

Respondent

Sedibeng Diamond Mine JV t/a Sedibeng Diamonds

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator erred in dismissing the grounds of inconsistent disciplinary treatment raised by the applicant.
  2. 2 Whether the employer demonstrated that the employment relationship had irretrievably broken down.
  3. 3 Whether the arbitrator's award is reviewable for irregularity or misdirection.

Ratio Decidendi

The court found that the arbitrator properly considered the evidence and arguments regarding alleged inconsistent disciplinary treatment. The incidents cited by the applicant (Ms Dube/Sithole and Sebeela/Malebane) were not directly comparable to the applicant's case, either due to lack of formal disciplinary proceedings or insufficient evidence. The arbitrator was not required to conduct a full rehearing of those incidents and was entitled to rely on the investigations and outcomes as presented. There was no irregularity or misdirection in the arbitrator's reasoning or conclusion. The dismissal of the second applicant was justified by the seriousness of the assault and the circumstances...

Court Disposition

The review application is dismissed.

Orders

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