Ndhlovu v Commission for Conciliation Mediation and Arbitration and Others (JR442/2010) [2011] ZALCJHB 184 (30 July 2011)

Ndhlovu v Commission for Conciliation Mediation and Arbitration and Others (JR442/2010) [2011] ZALCJHB 184 (30 July 2011)

The court found that the commissioner had properly considered all evidence presented during the arbitration and afforded the applicant a full and fair hearing. The applicant failed to substantiate his claim that the commissioner committed a gross irregularity or failed to apply his mind. The commissioner’s decision...

Source-derived case information.

Citation
[2011] ZALCJHB 184
Parties
Applicant: Fani Cosmus Ndhlovu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Nkosinathi Maseko (Commissioner); Respondent: Atlas Crane Hire
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 July 2011
Case Number
JR442/2010
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Nkutha AJ
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Reasonableness Standard, Gross Irregularity, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Reasonableness Standard Gross Irregularity Procedural Fairness

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Summary, issues, holding and outcome

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Parties

Fani Cosmus Ndhlovu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Nkosinathi Maseko (Commissioner)

Respondent

Atlas Crane Hire

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the commissioner was reviewable on the grounds of gross irregularity or failure to consider mitigating circumstances.
  2. 2 Whether the commissioner afforded the applicant a full and fair hearing.
  3. 3 Whether the arbitration award constituted a reasonable decision as required by the Labour Relations Act and the Constitution.

Ratio Decidendi

The court found that the commissioner had properly considered all evidence presented during the arbitration and afforded the applicant a full and fair hearing. The applicant failed to substantiate his claim that the commissioner committed a gross irregularity or failed to apply his mind. The commissioner’s decision was rational and reasonable, falling within the bounds required by the Labour Relations Act and the Constitution. The applicant’s challenge amounted to an appeal on the merits rather than a review on permissible grounds. Accordingly, there was no basis to interfere with the arbitration award.

Court Disposition

Application dismissed.

Orders

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