NUM obo Gabela v Commission for Conciliation Mediation and Arbitration and Others (JR2383/09) [2011] ZALCJHB 54; (2011) 32 ILJ 2714 (LC) (30 June 2011)

NUM obo Gabela v Commission for Conciliation Mediation and Arbitration and Others (JR2383/09) [2011] ZALCJHB 54; (2011) 32 ILJ 2714 (LC) (30 June 2011)

The court found that the arbitrator's decision to refuse rescission of the dismissal ruling was reasonable and justified. The evidence showed that notice of the arbitration hearing was sent to the union's regional office, and the applicant failed to provide sufficient evidence to rebut the presumption of service. The applicant's explanation for non-attendance was not adequately supported, and her founding affidavit did not raise the specific arrangements regarding fax numbers or provide a convincing account of her prospects of success. The arbitrator was entitled to evaluate the case based on the material before him, and the applicant's failure to file a replying affidavit or obtain union...

Citation
[2011] ZALCJHB 54
Parties
Applicant: NUM obo Gabela, J; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Cellier L, (N.O.); Respondent: Kloof Gold Mine, a division of Goldfields SA (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 June 2011
Case Number
JR2383/09
Procedural Posture
Review Application / Judgment on Review of Rescission Ruling
Outcome
The review application is dismissed.
Judges
R Lagrange
Legal Topics
Constructive Dismissal, Rescission of Arbitration Award, Unfair Dismissal, Service of Process, Condonation
Labour Law Civil Procedure Constructive Dismissal Rescission of Arbitration Award Unfair Dismissal Service of Process Condonation

Case Brief

Summary, issues, holding and outcome

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Parties

NUM obo Gabela, J

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Cellier L, (N.O.)

Respondent

Kloof Gold Mine, a division of Goldfields SA (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Rescission Ruling

Legal Issues

  1. 1 Whether the arbitrator's refusal to rescind the dismissal ruling was reasonable and justified.
  2. 2 Whether the applicant and her union received proper notice of the arbitration hearing.
  3. 3 Whether the applicant demonstrated sufficient prospects of success in her constructive dismissal claim.

Ratio Decidendi

The court found that the arbitrator's decision to refuse rescission of the dismissal ruling was reasonable and justified. The evidence showed that notice of the arbitration hearing was sent to the union's regional office, and the applicant failed to provide sufficient evidence to rebut the presumption of service. The applicant's explanation for non-attendance was not adequately supported, and her founding affidavit did not raise the specific arrangements regarding fax numbers or provide a convincing account of her prospects of success. The arbitrator was entitled to evaluate the case based on the material before him, and the applicant's failure to file a replying affidavit or obtain union...

Court Disposition

The review application is dismissed.

Orders

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