National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR988/01) [2006] ZALCJHB 12 (8 November 2006)

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR988/01) [2006] ZALCJHB 12 (8 November 2006)

The court found that the delay in filing the review application was adequately explained and not excessive, and that the prospects of success were overwhelming. The commissioner misapplied section 193(2) of the Labour Relations Act by introducing irrelevant considerations and failing to apply the statutory requirements for reinstatement. There was no evidence that any of the exceptions to reinstatement applied, and the second applicant had requested reinstatement. The commissioner’s award of compensation was therefore unreasonable and constituted a gross irregularity. The court substituted the award with an order for reinstatement from the date of dismissal, as there was no evidence that...

Citation
[2006] ZALCJHB 12
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 Johannesburg
Jurisdiction
South Africa
Judgment Date
8 November 2006
Case Number
JR988/01
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, Remedies for Unfair Dismissal
Labour Law Unfair Dismissal Condonation Reinstatement Compensation Remedies for Unfair Dismissal

Case Brief

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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 second applicant should be reinstated from the date of dismissal.

Ratio Decidendi

The court found that the delay in filing the review application was adequately explained and not excessive, and that the prospects of success were overwhelming. The commissioner misapplied section 193(2) of the Labour Relations Act by introducing irrelevant considerations and failing to apply the statutory requirements for reinstatement. There was no evidence that any of the exceptions to reinstatement applied, and the second applicant had requested reinstatement. The commissioner’s award of compensation was therefore unreasonable and constituted a gross irregularity. The court substituted the award with an order for reinstatement from the date of dismissal, as there was no evidence that...

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 the second applicant 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.