Netswera v Commission for Conciliation, Mediation and Arbitration and Others (JR1657/14) [2019] ZALCJHB 64 (2 March 2019)

Netswera v Commission for Conciliation, Mediation and Arbitration and Others (JR1657/14) [2019] ZALCJHB 64 (2 March 2019)

The court found that the applicant failed to establish any valid ground for review in his founding affidavit, which is the only basis upon which the review could be considered. The arbitrator considered the evidence in totality and reasonably found that the applicant assaulted Mr Raseruthe in the office, was not provoked, and that the refusal to provide a statement regarding the alleged assault outside the office justified the employer's disciplinary action against only the applicant. The court held that the arbitrator's award was reasonable and that the applicant was afforded an opportunity to present mitigating factors. Accordingly, there was no basis to interfere with the arbitration...

Citation
[2019] ZALCJHB 64
Parties
Applicant: Gerson Netswera; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Francios van der Merwe N.O.; Respondent: South African Container Depots (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
2 March 2019
Case Number
JR1657/14
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed.
Judges
MTM Phehane
Legal Topics
Review of Arbitration Award, Consistency in Discipline, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Review of Arbitration Award Consistency in Discipline Procedural Fairness Substantive Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Gerson Netswera

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Francios van der Merwe N.O.

Respondent

South African Container Depots (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by failing to determine the consistent application of disciplinary policy between the applicant and another employee.
  2. 2 Whether the arbitration award was reasonable based on the totality of the evidence.
  3. 3 Whether the applicant was afforded an opportunity to present mitigating factors at the disciplinary hearing.

Ratio Decidendi

The court found that the applicant failed to establish any valid ground for review in his founding affidavit, which is the only basis upon which the review could be considered. The arbitrator considered the evidence in totality and reasonably found that the applicant assaulted Mr Raseruthe in the office, was not provoked, and that the refusal to provide a statement regarding the alleged assault outside the office justified the employer's disciplinary action against only the applicant. The court held that the arbitrator's award was reasonable and that the applicant was afforded an opportunity to present mitigating factors. Accordingly, there was no basis to interfere with the arbitration...

Court Disposition

Application for review dismissed.

Orders

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