Ngcobo v Commission for Conciliation Mediation and Arbitration and Others (JR2601/17) [2019] ZALCJHB 338 (18 October 2019)

Ngcobo v Commission for Conciliation Mediation and Arbitration and Others (JR2601/17) [2019] ZALCJHB 338 (18 October 2019)

The Court found that none of the grounds raised by the applicant demonstrated reasonable prospects that another court would reach a different decision. The evidence showed that the applicant was afforded an opportunity to consult his attorney, and the requirement for a signed consent form for the polygraph test was properly distinguished from contractual consent. The application for leave to appeal was therefore dismissed as lacking merit.

Citation
[2019] ZALCJHB 338
Parties
Applicant: Mbongeni Ernest Ngcobo; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Maputle Mohlala; Respondent: Bidvest Protea Coin (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
18 October 2019
Case Number
JR2601/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Application for leave to appeal dismissed.
Judges
T Ntshebe
Legal Topics
Review of Arbitration Award, Leave to Appeal, Polygraph Test Consent, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Leave to Appeal Polygraph Test Consent Procedural Fairness

Case Brief

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Parties

Mbongeni Ernest Ngcobo

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Maputle Mohlala

Respondent

Bidvest Protea Coin (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Reviewing and Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the judgment reviewing and setting aside the arbitration award.
  2. 2 Whether the Court erred in its assessment of the evidence regarding consultation and consent for the polygraph test.

Ratio Decidendi

The Court found that none of the grounds raised by the applicant demonstrated reasonable prospects that another court would reach a different decision. The evidence showed that the applicant was afforded an opportunity to consult his attorney, and the requirement for a signed consent form for the polygraph test was properly distinguished from contractual consent. The application for leave to appeal was therefore dismissed as lacking merit.

Court Disposition

Application for leave to appeal dismissed.

Orders

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