National Union of Mineworkers and Another v Samancor Ltd (Tubatse Ferrochrome) and Others (625/10) [2011] ZASCA 74; [2011] 11 BLLR 1041 (SCA); (2011) 32 ILJ 1618 (SCA) (25 May 2011)

National Union of Mineworkers and Another v Samancor Ltd (Tubatse Ferrochrome) and Others (625/10) [2011] ZASCA 74; [2011] 11 BLLR 1041 (SCA); (2011) 32 ILJ 1618 (SCA) (25 May 2011)

The Supreme Court of Appeal held that the Labour Appeal Court failed to apply the correct standard for review of an arbitration award, substituting its own view for that of the arbitrator rather than determining whether the award was one that no reasonable decision-maker could reach. The error in categorising the dismissal as incapacity or absenteeism was immaterial, as the arbitrator's reasoning and conclusion would have been the same regardless of categorisation. The arbitrator's award was reasonable and supported by the evidence, and there were no grounds for it to be set aside. The Supreme Court of Appeal found that the Labour Appeal Court's fundamental failure to apply the correct...

Citation
[2011] ZASCA 74
Parties
Appellant: National Union of Mineworkers; Appellant: Marifi Johannes Maloma; Respondent: Samancor Limited (Tubatse Ferrochrome); Respondent: Metal and Engineering Industries Bargaining Council (MEIBC); Respondent: Jan Stemmett NO
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 May 2011
Case Number
625/10
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court
Outcome
Appeal upheld with costs. The order of the Labour Appeal Court is set aside and substituted with an order dismissing the appeal with costs.
Judges
Nugent, Ponnan, Cachalia, Tshiqi, Meer
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Incapacity Dismissal, Procedural Fairness, Remedies for Unfair Dismissal
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Incapacity Dismissal Procedural Fairness Remedies for Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

National Union of Mineworkers

Appellant

Marifi Johannes Maloma

Appellant

Samancor Limited (Tubatse Ferrochrome)

Respondent

Metal and Engineering Industries Bargaining Council (MEIBC)

Respondent

Jan Stemmett NO

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court

Legal Issues

  1. 1 Whether the Labour Appeal Court applied the correct standard for review of an arbitration award.
  2. 2 Whether the arbitrator's award reinstating Mr Maloma was one that a reasonable decision-maker could not reach.
  3. 3 Whether the categorisation of the dismissal as incapacity or absenteeism was material to the outcome.

Ratio Decidendi

The Supreme Court of Appeal held that the Labour Appeal Court failed to apply the correct standard for review of an arbitration award, substituting its own view for that of the arbitrator rather than determining whether the award was one that no reasonable decision-maker could reach. The error in categorising the dismissal as incapacity or absenteeism was immaterial, as the arbitrator's reasoning and conclusion would have been the same regardless of categorisation. The arbitrator's award was reasonable and supported by the evidence, and there were no grounds for it to be set aside. The Supreme Court of Appeal found that the Labour Appeal Court's fundamental failure to apply the correct...

Court Disposition

Appeal upheld with costs. The order of the Labour Appeal Court is set aside and substituted with an order dismissing the appeal with costs.

Orders

  • The appeal is upheld with costs.
  • The order of the Labour Appeal Court is set aside.