NUM obo Sebabi v Commission for Conciliation, Mediation and Arbitration and Others (JR1607/15) [2017] ZALCJHB 466 (17 May 2017)

NUM obo Sebabi v Commission for Conciliation, Mediation and Arbitration and Others (JR1607/15) [2017] ZALCJHB 466 (17 May 2017)

The court found that the commissioner committed a gross irregularity by failing to consider material evidence regarding the applicant's attendance on weekends when no training courses were offered and the company policy on such attendance. The commissioner did not address the significance of the applicant presenting...

Source-derived case information.

Citation
[2017] ZALCJHB 466
Parties
Applicant: NUM obo Lodius Sebabi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Collins Lenkwasi Makama N.O; Respondent: Mutual Construction Company (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
17 May 2017
Case Number
JR1607/15
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Review application granted; arbitration award set aside; matter remitted for de novo arbitration; condonation for late filing granted; no order as to costs.
Judges
H Cele
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Condonation, Gross Irregularity, Reasonable Decision Maker
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Condonation Gross Irregularity Reasonable Decision Maker

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Summary, issues, holding and outcome

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Parties

NUM obo Lodius Sebabi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Collins Lenkwasi Makama N.O

Respondent

Mutual Construction Company (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the arbitration award issued by the second respondent was reasonable and free from gross irregularity.
  2. 2 Whether the applicant's late filing of the review application should be condoned.
  3. 3 Whether the commissioner properly considered all material evidence, particularly regarding the applicant's attendance on weekends and company policy.

Ratio Decidendi

The court found that the commissioner committed a gross irregularity by failing to consider material evidence regarding the applicant's attendance on weekends when no training courses were offered and the company policy on such attendance. The commissioner did not address the significance of the applicant presenting himself at work on weekends, nor did he interrogate what should happen to an employee in such circumstances. The absence of this inquiry rendered the award unreasonable. The court held that the explanation for the late filing of the review application was plausible and unchallenged, and condonation was granted. Due to the lack of sufficient evidence to substitute the award,...

Court Disposition

Review application granted; arbitration award set aside; matter remitted for de novo arbitration; condonation for late filing granted; no order as to costs.

Orders

  • The application for condonation of the late filing of the review application is granted.
  • The arbitration award dated 3 July 2015 issued by Commissioner C.L Makama under case number NWRB 892/15 is reviewed and set aside.