NUM obo Kgapeng v Commissioner For Conciliation, Mediation And Arbitration and Others (C814/06) [2010] ZALCJHB 4 (23 April 2010)

NUM obo Kgapeng v Commissioner For Conciliation, Mediation And Arbitration and Others (C814/06) [2010] ZALCJHB 4 (23 April 2010)

The court found that the commissioner’s decision was reasonable and supported by the evidence presented. The applicant failed to challenge the respondent’s version and the credibility findings made by the commissioner were justified. The hearsay evidence admitted was not disputed and was properly considered in accordance with the Law of Evidence Amendment Act. The sanction of dismissal was consistent with company policy and appropriate given the seriousness of the misconduct. The applicant’s denial of involvement was contradicted by credible witness testimony and the probabilities of the case. The court held that there was no basis to interfere with the arbitration award and dismissed the...

Citation
[2010] ZALCJHB 4
Parties
Applicant: NUM obo I Kgapeng; Respondent: Commissioner For Conciliation, Mediation And Arbitration; Respondent: S.M. Osman N.O; Respondent: Hotazel Manganies Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 April 2010
Case Number
C814/06
Procedural Posture
Review Application / Judgment
Outcome
The review application is dismissed with costs.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Admission of Hearsay Evidence, Disciplinary Inconsistency
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Admission of Hearsay Evidence Disciplinary Inconsistency

Case Brief

Summary, issues, holding and outcome

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Parties

NUM obo I Kgapeng

Applicant

Commissioner For Conciliation, Mediation And Arbitration

Respondent

S.M. Osman N.O

Respondent

Hotazel Manganies Mine

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity in accepting contradictory and hearsay evidence.
  2. 2 Whether the dismissal of the applicant was substantively and procedurally fair.
  3. 3 Whether the arbitration award should be reviewed and set aside.

Ratio Decidendi

The court found that the commissioner’s decision was reasonable and supported by the evidence presented. The applicant failed to challenge the respondent’s version and the credibility findings made by the commissioner were justified. The hearsay evidence admitted was not disputed and was properly considered in accordance with the Law of Evidence Amendment Act. The sanction of dismissal was consistent with company policy and appropriate given the seriousness of the misconduct. The applicant’s denial of involvement was contradicted by credible witness testimony and the probabilities of the case. The court held that there was no basis to interfere with the arbitration award and dismissed the...

Court Disposition

The review application is dismissed with costs.

Orders

  • The applicant’s application to review and set aside the arbitration award is dismissed.
  • The applicant is ordered to pay the costs of the application.