Nchoe and Another v Castle Lead Works (Pty) Ltd and Others (JR1490/16) [2019] ZALCJHB 352 (18 December 2019)

Nchoe and Another v Castle Lead Works (Pty) Ltd and Others (JR1490/16) [2019] ZALCJHB 352 (18 December 2019)

The court found that the arbitrator considered the totality of the evidence, including viva voce testimony and meeting notes, and reasonably concluded that the applicants, as supervisors, had influence over overtime allocation and demanded favours from subordinates. The applicants' arguments regarding the credibility of witnesses and the weight of documentary evidence did not demonstrate a reviewable irregularity. The arbitrator applied the probability test and preferred the respondents' version, which was supported by the evidence. The delay in filing the review application was not excessive and was condoned. The review application was dismissed as the arbitration award was reasonable...

Citation
[2019] ZALCJHB 352
Parties
Applicant: Abbey Nare Nchoe; Applicant: Emmanuel Mamotsietsa Nchoe; Respondent: Castle Lead Works (Pty) Ltd; Respondent: Metal and Engineering Industries Bargaining Council (MEIBC); Respondent: Dave Smith N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 December 2019
Case Number
JR1490/16
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed; condonation for late filing granted; no order as to costs.
Judges
S Mabaso
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Condonation of Late Filing, Misconduct, Credibility of Witnesses
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Condonation of Late Filing Misconduct Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Abbey Nare Nchoe

Applicant

Emmanuel Mamotsietsa Nchoe

Applicant

Castle Lead Works (Pty) Ltd

Respondent

Metal and Engineering Industries Bargaining Council (MEIBC)

Respondent

Dave Smith N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator reached a conclusion that a reasonable decision-maker could have reached based on the evidence presented.
  2. 2 Whether the applicants' dismissal was substantively and procedurally fair.
  3. 3 Whether the late filing of the review application should be condoned.

Ratio Decidendi

The court found that the arbitrator considered the totality of the evidence, including viva voce testimony and meeting notes, and reasonably concluded that the applicants, as supervisors, had influence over overtime allocation and demanded favours from subordinates. The applicants' arguments regarding the credibility of witnesses and the weight of documentary evidence did not demonstrate a reviewable irregularity. The arbitrator applied the probability test and preferred the respondents' version, which was supported by the evidence. The delay in filing the review application was not excessive and was condoned. The review application was dismissed as the arbitration award was reasonable...

Court Disposition

Review application dismissed; condonation for late filing granted; no order as to costs.

Orders

  • Condonation for the late delivery of the review application is granted.
  • The review application is dismissed.