National Union of Mineworkers and Others v Commission for Conciliation Mediation and Arbitration and Others (C449/2004) [2006] ZALC 135 (8 August 2006)

National Union of Mineworkers and Others v Commission for Conciliation Mediation and Arbitration and Others (C449/2004) [2006] ZALC 135 (8 August 2006)

The court found that the condonation application for late filing was defective, lacking sufficient detail regarding the extent of lateness and prospects of success. On the merits, the Commissioner had logically and comprehensively addressed the evidence, including the identification of the truck and driver by Ms Jacobs and the corroborating testimony of Mr Botes. The applicants, except for one loader, failed to testify or provide an innocent explanation, justifying a negative inference. The Commissioner was entitled to conclude that the bricks were unlawfully delivered to an unauthorised address by the driver and his team. The burden of proof was properly considered, and the...

Citation
[2006] ZALC 135
Parties
Applicant: National Union of Mineworkers; Applicant: Bachebile William Mogorosi & Six Other; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: Commissioner Carmien Ward N.O.; Respondent: Magogong Brickworks (Pty) Ltd
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
8 August 2006
Case Number
C449/2004
Procedural Posture
Review Application / Application to Review and Set Aside Arbitration Award Under Section 145 of the Labour Relations Act
Outcome
Application for review dismissed. Costs awarded against the applicants.
Judges
D Nel
Legal Topics
Review of Arbitration Award, Condonation of Late Filing, Burden of Proof, Misconduct and Dismissal
Labour Law Review of Arbitration Award Condonation of Late Filing Burden of Proof Misconduct and Dismissal

Case Brief

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Parties

National Union of Mineworkers

Applicant

Bachebile William Mogorosi & Six Other

Applicant

Commission for Conciliation, Mediation & Arbitration

Respondent

Commissioner Carmien Ward N.O.

Respondent

Magogong Brickworks (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside Arbitration Award Under Section 145 of the Labour Relations Act

Legal Issues

  1. 1 Whether the arbitration award issued by the Commissioner should be reviewed and set aside under section 145 of the Labour Relations Act.
  2. 2 Whether the condonation application for late filing of the review was adequate and should be granted.
  3. 3 Whether the Commissioner correctly found the applicants guilty of misconduct and justified their dismissal.

Ratio Decidendi

The court found that the condonation application for late filing was defective, lacking sufficient detail regarding the extent of lateness and prospects of success. On the merits, the Commissioner had logically and comprehensively addressed the evidence, including the identification of the truck and driver by Ms Jacobs and the corroborating testimony of Mr Botes. The applicants, except for one loader, failed to testify or provide an innocent explanation, justifying a negative inference. The Commissioner was entitled to conclude that the bricks were unlawfully delivered to an unauthorised address by the driver and his team. The burden of proof was properly considered, and the...

Court Disposition

Application for review dismissed. Costs awarded against the applicants.

Orders

  • The application to review and set aside the arbitration award is dismissed.
  • The applicants are ordered to pay the third respondent's costs of suit.