Nevehethalu v Commission for Conciliation, Mediation and Arbitration and Others (JR1334/14) [2018] ZALCJHB 109 (13 March 2018)

Nevehethalu v Commission for Conciliation, Mediation and Arbitration and Others (JR1334/14) [2018] ZALCJHB 109 (13 March 2018)

The court found that the arbitrator's award was reasonable and supported by the evidence. The applicant, as a supply chain manager, was expected to be aware of the applicable procurement policies and delegations of authority, which were accessible to him. The arbitrator correctly rejected the applicant's defence that he was not required to verify memorandums and found it implausible that he was unaware of the 10% variation limit. The typographical error in the policy regarding the competitive bidding threshold was immaterial, as the evidence overwhelmingly supported the correct figure of R350,000. The court held that procedural errors alleged by the applicant, such as the status of the...

Citation
[2018] ZALCJHB 109
Parties
Applicant: Ndinannyi Nevehethalu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Matji (NO); Respondent: PRASA Corporate Real Estate Solutions SOC Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2018
Case Number
JR1334/14
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Disciplinary Code Compliance, Review of Arbitration Award, Supply Chain Management Irregularities
Labour Law Civil Procedure Unfair Dismissal Disciplinary Code Compliance Review of Arbitration Award Supply Chain Management Irregularities

Case Brief

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Parties

Ndinannyi Nevehethalu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Matji (NO)

Respondent

PRASA Corporate Real Estate Solutions SOC Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award upholding the applicant's dismissal for procurement irregularities was unreasonable.
  2. 2 Whether the applicant was aware or should have been aware of the applicable procurement policies and limits.
  3. 3 Whether procedural fairness was compromised by alleged non-compliance with the disciplinary code and enquiry chairperson requirements.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and supported by the evidence. The applicant, as a supply chain manager, was expected to be aware of the applicable procurement policies and delegations of authority, which were accessible to him. The arbitrator correctly rejected the applicant's defence that he was not required to verify memorandums and found it implausible that he was unaware of the 10% variation limit. The typographical error in the policy regarding the competitive bidding threshold was immaterial, as the evidence overwhelmingly supported the correct figure of R350,000. The court held that procedural errors alleged by the applicant, such as the status of the...

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No order is made as to costs.