Northam Platinum Ltd v Fganygo NO and Others (JR2337/07) [2009] ZALC 146; (2010) 31 ILJ 713 (LC) (26 August 2009)

Northam Platinum Ltd v Fganygo NO and Others (JR2337/07) [2009] ZALC 146; (2010) 31 ILJ 713 (LC) (26 August 2009)

The court found that the commissioner did consider the evidence of the applicant's witnesses regarding the identification of the employee on the video footage. The commissioner concluded that the identification was based on assumptions, the video was of poor quality and edited, and that any of the eight employees on...

Source-derived case information.

Citation
[2009] ZALC 146
Parties
Applicant: Northam Platinum Limited; Respondent: FM Fganyago N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: NUM obo W Maope
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 August 2009
Case Number
JR2337/07
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is dismissed with costs.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Identification Evidence, Condonation, Grounds of Review
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Identification Evidence Condonation Grounds of Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

Northam Platinum Limited

Applicant

FM Fganyago N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

NUM obo W Maope

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner properly considered and evaluated the identification evidence regarding the employee's alleged misconduct.
  2. 2 Whether the arbitration award was reviewable on the basis that the commissioner ignored material evidence.
  3. 3 Whether new grounds for review can be raised in heads of argument not contained in the founding affidavit.

Ratio Decidendi

The court found that the commissioner did consider the evidence of the applicant's witnesses regarding the identification of the employee on the video footage. The commissioner concluded that the identification was based on assumptions, the video was of poor quality and edited, and that any of the eight employees on duty could have been involved. The applicant failed to place the video footage before the court, which was central to its case. The only ground for review properly raised was insufficient to warrant interference with the arbitration award. Further grounds raised in heads of argument were disregarded as they were not contained in the founding affidavit. The application for...

Court Disposition

Application to review and set aside the arbitration award is dismissed with costs.

Orders

  • The application to review and set aside the arbitration award of the first respondent under case number LP3534/04 dated 14 August 2007 is dismissed with costs.