NUM obo Mogorosi v CCMA and Others (JR1967/15) [2017] ZALCJHB 357 (19 September 2017)

NUM obo Mogorosi v CCMA and Others (JR1967/15) [2017] ZALCJHB 357 (19 September 2017)

The court found that the arbitrator correctly identified the issue in dispute, understood the nature of the enquiry, and reached a decision that was rational and justifiable based on the evidence. The applicant failed to present a plausible version, and the arbitrator's credibility findings were reasonable. There was no reviewable irregularity or misdirection in the arbitrator's assessment of the evidence. The dismissal for collusion in attempted gold theft was substantively fair, and the application for review was dismissed.

Citation
[2017] ZALCJHB 357
Parties
Applicant: NUM obo J Mogorosi; Respondent: CCMA; Respondent: JW Thee N.O; Respondent: Ergo Mining (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
19 September 2017
Case Number
JR1967/15
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed; no order as to costs.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Collusion in Theft, Credibility of Witnesses
Labour Law Unfair Dismissal Review of Arbitration Award Collusion in Theft Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

NUM obo J Mogorosi

Applicant

CCMA

Respondent

JW Thee N.O

Respondent

Ergo Mining (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable irregularity in assessing the evidence.
  2. 2 Whether the applicant's dismissal for collusion in attempted gold theft was substantively fair.
  3. 3 Whether there was a nexus between the evidence and the misconduct alleged.

Ratio Decidendi

The court found that the arbitrator correctly identified the issue in dispute, understood the nature of the enquiry, and reached a decision that was rational and justifiable based on the evidence. The applicant failed to present a plausible version, and the arbitrator's credibility findings were reasonable. There was no reviewable irregularity or misdirection in the arbitrator's assessment of the evidence. The dismissal for collusion in attempted gold theft was substantively fair, and the application for review was dismissed.

Court Disposition

Application dismissed; no order as to costs.

Orders

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