NUM obo Namane v Commission for Conciliation, Mediation and Arbitration and Others (JR1090/2015) [2017] ZALCJHB 455 (6 November 2017)

NUM obo Namane v Commission for Conciliation, Mediation and Arbitration and Others (JR1090/2015) [2017] ZALCJHB 455 (6 November 2017)

The court found that the applicant provided a reasonable and acceptable explanation for the delay in filing the record, which was occasioned by the non-availability of the electronic recording and diligent efforts to obtain it. The Rule 11 application to dismiss the review was dismissed. On the merits, the court held that the second respondent's arbitration award was unreasonably brief and failed to properly consider the evidence, focusing solely on the absence of original leave forms and disregarding relevant testimony and documentary evidence. The commissioner misconceived the nature of the inquiry and committed a material irregularity, resulting in an unreasonable outcome. The...

Citation
[2017] ZALCJHB 455
Parties
Applicant: NUM obo Vincent Lipson Namane; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Donald Kgalake Nkadimeng N.O.; Respondent: Anglo Gold Ashanti Tau Tona Mine
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 November 2017
Case Number
JR1090/2015
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Arbitration award reviewed and set aside; dismissal found substantively unfair; compensation awarded.
Judges
MM Ntsoane
Legal Topics
Condonation, Review of Arbitration Award, Unfair Dismissal, Reasonableness Standard, Remuneration Order
Labour Law Civil Procedure Condonation Review of Arbitration Award Unfair Dismissal Reasonableness Standard Remuneration Order

Case Brief

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Parties

NUM obo Vincent Lipson Namane

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Donald Kgalake Nkadimeng N.O.

Respondent

Anglo Gold Ashanti Tau Tona Mine

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the delay in prosecuting the review application and late filing of the record should be condoned.
  2. 2 Whether the arbitration award issued by the second respondent was reasonable and lawful.
  3. 3 Whether the dismissal of the applicant was substantively fair.

Ratio Decidendi

The court found that the applicant provided a reasonable and acceptable explanation for the delay in filing the record, which was occasioned by the non-availability of the electronic recording and diligent efforts to obtain it. The Rule 11 application to dismiss the review was dismissed. On the merits, the court held that the second respondent's arbitration award was unreasonably brief and failed to properly consider the evidence, focusing solely on the absence of original leave forms and disregarding relevant testimony and documentary evidence. The commissioner misconceived the nature of the inquiry and committed a material irregularity, resulting in an unreasonable outcome. The...

Court Disposition

Arbitration award reviewed and set aside; dismissal found substantively unfair; compensation awarded.

Orders

  • The arbitration award issued by the second respondent is reviewed and set aside.
  • The dismissal of the applicant is declared substantively unfair.