NEHAWU obo Ntuli v Commission for Conciliation Mediation and Arbitration and Others (JR 993/08) [2013] ZALCJHB 65 (18 January 2013)

NEHAWU obo Ntuli v Commission for Conciliation Mediation and Arbitration and Others (JR 993/08) [2013] ZALCJHB 65 (18 January 2013)

The court found that the full record of the arbitration proceedings had not been filed, and the applicant had failed to submit the compact disc allegedly containing the video evidence used by the arbitrator. However, considering the circumstances and the third respondent's role in the inability to file the disc, the court was not convinced that dismissal was appropriate or fair. Instead, the court ordered the parties to file further affidavits and for the applicant to file the reconstructed record, thereby allowing the matter to proceed on a more complete evidentiary basis.

Citation
[2013] ZALCJHB 65
Parties
Applicant: NEHAWU obo Ntuli; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Karen Klienot N.O; Respondent: University of the Witswatersrand
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 January 2013
Case Number
JR 993/08
Procedural Posture
Review Application / Interlocutory Order on Filing of Further Affidavits and Reconstructed Record
Outcome
Interlocutory order: parties directed to file further affidavits and reconstructed record; costs reserved.
Judges
Lallie
Legal Topics
Review of Arbitration Award, Record of Proceedings, Duty to File Evidence, Remittal for Further Affidavits
Labour Law Civil Procedure Review of Arbitration Award Record of Proceedings Duty to File Evidence Remittal for Further Affidavits

Case Brief

Summary, issues, holding and outcome

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Parties

NEHAWU obo Ntuli

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Karen Klienot N.O

Respondent

University of the Witswatersrand

Respondent

Procedural Posture

Review Application / Interlocutory Order on Filing of Further Affidavits and Reconstructed Record

Legal Issues

  1. 1 Whether the absence of the original video footage renders the arbitration award reviewable.
  2. 2 Whether the applicant's failure to file the compact disc containing video evidence is fatal to the review application.
  3. 3 Whether the matter should be dismissed or parties allowed to file further affidavits and reconstructed record.

Ratio Decidendi

The court found that the full record of the arbitration proceedings had not been filed, and the applicant had failed to submit the compact disc allegedly containing the video evidence used by the arbitrator. However, considering the circumstances and the third respondent's role in the inability to file the disc, the court was not convinced that dismissal was appropriate or fair. Instead, the court ordered the parties to file further affidavits and for the applicant to file the reconstructed record, thereby allowing the matter to proceed on a more complete evidentiary basis.

Court Disposition

Interlocutory order: parties directed to file further affidavits and reconstructed record; costs reserved.

Orders

  • The applicant must file a reconstructed record by submitting the compact disc received from the third respondent in April 2010 within ten days.
  • The applicant must file any supplementary affidavit within ten days of filing the reconstructed record.