NUM v Commission for Conciliation Mediation And Arbitration and Others (JR 1718-12) [2014] ZALCJHB 17 (7 February 2014)

NUM v Commission for Conciliation Mediation And Arbitration and Others (JR 1718-12) [2014] ZALCJHB 17 (7 February 2014)

The Labour Court found that the applicants failed to provide sufficient evidence of inconsistent disciplinary action, as their allegations were not properly substantiated during the arbitration proceedings. The Commissioner cannot be faulted for not considering evidence that was not placed before him. Furthermore, the applicants did not rebut the charges of nepotism and failure to adhere to safety requirements, with the Commissioner reasonably finding the respondents' witnesses more credible. The deployment of untrained employees underground was a serious breach of safety, justifying dismissal. The review application failed to meet the stringent test for review, as the arbitration award...

Citation
[2014] ZALCJHB 17
Parties
Applicant: NUM obo Ishmael Vetshe and Another; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Patrick Percy Makgopela; Respondent: Rustenburg Platinum Mine (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 February 2014
Case Number
JR 1718-12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The applicants' review application is dismissed with no order as to costs.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Inconsistent Disciplinary Action, Review of Arbitration Award, Nepotism, Health and Safety Compliance
Labour Law Civil Procedure Unfair Dismissal Inconsistent Disciplinary Action Review of Arbitration Award Nepotism Health and Safety Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

NUM obo Ishmael Vetshe and Another

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Patrick Percy Makgopela

Respondent

Rustenburg Platinum Mine (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner failed to consider inconsistent application of discipline by the employer.
  2. 2 Whether the dismissal of the applicants was substantively fair.
  3. 3 Whether the Commissioner properly resolved conflicting factual versions presented at arbitration.

Ratio Decidendi

The Labour Court found that the applicants failed to provide sufficient evidence of inconsistent disciplinary action, as their allegations were not properly substantiated during the arbitration proceedings. The Commissioner cannot be faulted for not considering evidence that was not placed before him. Furthermore, the applicants did not rebut the charges of nepotism and failure to adhere to safety requirements, with the Commissioner reasonably finding the respondents' witnesses more credible. The deployment of untrained employees underground was a serious breach of safety, justifying dismissal. The review application failed to meet the stringent test for review, as the arbitration award...

Court Disposition

The applicants' review application is dismissed with no order as to costs.

Orders

  • The review application of the arbitration award made under case number NWRB 299-12 and dated 1 June 2012 is dismissed.
  • No order as to costs.