National Union of Mineworkers and Others v Commission for Conciliation Mediation and Arbitration and Others (JR 189/2009) [2011] ZALCJHB 190 (2 December 2011)

National Union of Mineworkers and Others v Commission for Conciliation Mediation and Arbitration and Others (JR 189/2009) [2011] ZALCJHB 190 (2 December 2011)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The evidence showed that the applicants were responsible for checking and reporting discrepancies in bonus payments and that their computer access was used to manipulate shift designations, resulting in fraudulent...

Source-derived case information.

Citation
[2011] ZALCJHB 190
Parties
Applicant: National Union of Mineworkers; Applicant: Michael Motebang & Another; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Shaam Govender (N.O.); Respondent: Kloof Gold Mine, a division of GFI Mining South Africa (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 December 2011
Case Number
JR 189/2009
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
R Lagrange
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Onus of Proof, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Onus of Proof Procedural Fairness

Source-derived case record

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

National Union of Mineworkers

Applicant

Michael Motebang & Another

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Shaam Govender (N.O.)

Respondent

Kloof Gold Mine, a division of GFI Mining 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 reasonable prospects of success on appeal against the dismissal of their review application.
  2. 2 Whether the arbitrator's findings regarding the applicants' dismissal were unreasonable and should be set aside.
  3. 3 Whether sufficient evidence existed to implicate the applicants in the manipulation of bonus payments.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The evidence showed that the applicants were responsible for checking and reporting discrepancies in bonus payments and that their computer access was used to manipulate shift designations, resulting in fraudulent bonus payments. The audit trail and witness testimony were sufficient to implicate the applicants, and the arbitrator's findings were not unreasonable. The absence of original shaft information did not prevent the respondents from making out a case, and the applicants did not provide plausible explanations for the anomalies. Accordingly, the application for leave to appeal was...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs.