National Union of Mineworkers and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1568/12) [2017] ZALCJHB 456 (30 November 2017)

National Union of Mineworkers and Others v Commission for Conciliation, Mediation and Arbitration and Others (JR1568/12) [2017] ZALCJHB 456 (30 November 2017)

The court found that the arbitrator engaged in a rational and thorough reasoning process, properly assessed the credibility and probability of the competing versions, and reached a conclusion that a reasonable arbitrator could have made. The applicants failed to establish any reviewable irregularity or grounds for interference. The arbitrator's findings of fact and conclusion that the dismissals were fair were upheld.

Citation
[2017] ZALCJHB 456
Parties
Applicant: National Union of Mineworkers; Applicant: Matshidiso Elizabeth Dipale; Applicant: Molahlehi David Majake; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner S Ntombela N.O; Respondent: Eskom Holdings SOC Ltd: Lethabo Power Station
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 November 2017
Case Number
JR1568/12
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed; no order as to costs.
Judges
G Fourie
Legal Topics
Review of Arbitration Award, Dismissal for Misconduct, Credibility of Witnesses, Probability Assessment, Conspiracy Allegations
Labour Law Review of Arbitration Award Dismissal for Misconduct Credibility of Witnesses Probability Assessment Conspiracy Allegations

Case Brief

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Parties

National Union of Mineworkers

Applicant

Matshidiso Elizabeth Dipale

Applicant

Molahlehi David Majake

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner S Ntombela N.O

Respondent

Eskom Holdings SOC Ltd: Lethabo Power Station

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in finding the dismissals of the applicants were fair.
  2. 2 Whether the arbitrator properly assessed the credibility and probability of the competing versions presented by the parties.
  3. 3 Whether the applicants established grounds for review under the Labour Relations Act.

Ratio Decidendi

The court found that the arbitrator engaged in a rational and thorough reasoning process, properly assessed the credibility and probability of the competing versions, and reached a conclusion that a reasonable arbitrator could have made. The applicants failed to establish any reviewable irregularity or grounds for interference. The arbitrator's findings of fact and conclusion that the dismissals were fair were upheld.

Court Disposition

Review application dismissed; no order as to costs.

Orders

  • The review application is dismissed.
  • There is no order as to costs.