National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2591/16) [2021] ZALCJHB 140 (2 July 2021)

National Union of Mineworkers and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR2591/16) [2021] ZALCJHB 140 (2 July 2021)

The court found that the applicants failed to identify any disputes in the review application that were not comprehensively and judicially disposed of. The applicants did not dispute the factual findings regarding the second applicant's conduct, nor did they demonstrate that the arbitrator's decision was one that a reasonable decision maker could not make. The alleged procedural irregularities in the disciplinary process were not substantiated as grounds for review. The constitutional arguments raised were not part of the original review application and did not arise from the judgment or order. The claim of judicial prejudice was unsupported by any particulars. The challenge to the cost...

Citation
[2021] ZALCJHB 140
Parties
Applicant: National Union of Mineworkers; Applicant: Legodi Amos; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Nowosenetz Lawrence N.O.; Respondent: AfriSam South Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 July 2021
Case Number
JR2591/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
Baloyi
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Conflict of Interest, Disciplinary Procedure, Costs Order
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Conflict of Interest Disciplinary Procedure Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Legodi Amos

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Nowosenetz Lawrence N.O.

Respondent

AfriSam South Africa (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicants have shown reasonable prospects of success for leave to appeal against the dismissal of their review application.
  2. 2 Whether the arbitration award was liable to be reviewed and set aside on the grounds advanced by the applicants.
  3. 3 Whether the disciplinary procedure followed by the employer was unfair or prejudicial to the second applicant.

Ratio Decidendi

The court found that the applicants failed to identify any disputes in the review application that were not comprehensively and judicially disposed of. The applicants did not dispute the factual findings regarding the second applicant's conduct, nor did they demonstrate that the arbitrator's decision was one that a reasonable decision maker could not make. The alleged procedural irregularities in the disciplinary process were not substantiated as grounds for review. The constitutional arguments raised were not part of the original review application and did not arise from the judgment or order. The claim of judicial prejudice was unsupported by any particulars. The challenge to the cost...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.