National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR1422/05) [2007] ZALCJHB 10 (9 May 2007)

National Union of Mineworkers and Another v Commission for Conciliation Mediation And Arbitration and Others (JR1422/05) [2007] ZALCJHB 10 (9 May 2007)

The court found that the arbitrator's award was well reasoned and supported by the evidence presented. The marking and tracking of chicken boxes, the confession of the delivery driver, and the discrepancies in the number of marked boxes all pointed to collusion and dishonesty by the Second Applicant. The arbitrator correctly rejected the applicants' explanations as feeble and found the dismissal to be substantively fair. The court held that there was no gross irregularity or misconduct in the conduct of the arbitration proceedings and that the award was defensible in all material respects. Both condonation applications were granted as there was no prejudice to either party.

Citation
[2007] ZALCJHB 10
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 Johannesburg
Jurisdiction
South Africa
Judgment Date
9 May 2007
Case Number
JR1422/05
Procedural Posture
Review Application / Judgment
Outcome
The application for review is dismissed. Condonation applications are granted. Costs are awarded against the applicants in favour of the Third Respondent.
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 arbitrator committed a gross irregularity or misconducted himself in the conduct of the proceedings.
  3. 3 Whether the dismissal of the Second Applicant was substantively and procedurally fair.

Ratio Decidendi

The court found that the arbitrator's award was well reasoned and supported by the evidence presented. The marking and tracking of chicken boxes, the confession of the delivery driver, and the discrepancies in the number of marked boxes all pointed to collusion and dishonesty by the Second Applicant. The arbitrator correctly rejected the applicants' explanations as feeble and found the dismissal to be substantively fair. The court held that there was no gross irregularity or misconduct in the conduct of the arbitration proceedings and that the award was defensible in all material respects. Both condonation applications were granted as there was no prejudice to either party.

Court Disposition

The application for review is dismissed. Condonation applications are granted. Costs are awarded against the applicants in favour of the Third Respondent.

Orders

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