National Union of Mineworkers and Others v Commission for Conciliation Mediation And Arbitration and Others (JR 2396/10) [2015] ZALCJHB 117 (9 April 2015)

National Union of Mineworkers and Others v Commission for Conciliation Mediation And Arbitration and Others (JR 2396/10) [2015] ZALCJHB 117 (9 April 2015)

The Court found that the Applicants failed to raise any novel legal question or demonstrate a material misdirection in the application of the parity principle or the assessment of the charges and compensation by the Commissioner. The facts and evidence presented at both the disciplinary hearing and arbitration were...

Source-derived case information.

Citation
[2015] ZALCJHB 117
Parties
Applicant: National Union of Mineworkers; Applicant: Alfred Dolamo; Applicant: Johannes Mgabi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Solomon Malaza N.O.; Respondent: Shanduka Coal (Pty) Ltd [Graspan Colliery]
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 April 2015
Case Number
JR 2396/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for leave to appeal dismissed.
Judges
Venter
Legal Topics
Parity Principle, Consistency in Dismissals, Arbitration Awards, Compensation for Unfair Dismissal, Disciplinary Charges, Review of Ccma Awards
Labour Law Civil Procedure Parity Principle Consistency in Dismissals Arbitration Awards Compensation for Unfair Dismissal Disciplinary Charges Review of Ccma Awards

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Summary, issues, holding and outcome

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Parties

National Union of Mineworkers

Applicant

Alfred Dolamo

Applicant

Johannes Mgabi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Solomon Malaza N.O.

Respondent

Shanduka Coal (Pty) Ltd [Graspan Colliery]

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether the Labour Court misapplied the parity principle in upholding the dismissals.
  2. 2 Whether the Commissioner failed to exercise discretion judicially regarding compensation.
  3. 3 Whether the construction and treatment of disciplinary charges by the Commissioner constituted a reviewable irregularity.

Ratio Decidendi

The Court found that the Applicants failed to raise any novel legal question or demonstrate a material misdirection in the application of the parity principle or the assessment of the charges and compensation by the Commissioner. The facts and evidence presented at both the disciplinary hearing and arbitration were fully canvassed, and the Commissioner exercised his discretion fairly and reasonably. The Court held that there were no reasonable prospects that another court would reach a different conclusion on the same facts, and the application for leave to appeal was accordingly dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • There is no order as to costs.