NUPSAW obo Hleli v Martin NO and Others (C514/2011) [2015] ZALCCT 3 (23 January 2015)

NUPSAW obo Hleli v Martin NO and Others (C514/2011) [2015] ZALCCT 3 (23 January 2015)

The court found that the arbitrator committed a gross irregularity by failing to identify and decide the true issue before him, namely the charge of insubordination, and instead relied on evidence relating to absenteeism for which the applicant had already received lesser sanctions. The arbitrator did not deal with the substantial merits of the dispute and reached an outcome that was not reasonable on the evidence properly before him. Consequently, the award was set aside and the dispute referred back for arbitration before a different arbitrator.

Citation
[2015] ZALCCT 3
Parties
Applicant: NUPSAW obo Hleli L; Respondent: Leslie Martin N.O.; Respondent: Public Health & Social Development Sectoral Bargaining Council; Respondent: Department of Health (Western Cape)
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
23 January 2015
Case Number
C514/2011
Procedural Posture
Review Application / Opposed Application for Condonation and Review of Arbitration Award
Outcome
Condonation granted; arbitration award set aside; dispute referred back for arbitration before a different arbitrator.
Judges
Rabkin-Naicker
Legal Topics
Condonation of Late Filing, Unfair Dismissal, Review of Arbitration Award, Insubordination, Gross Irregularity
Labour Law Civil Procedure Condonation of Late Filing Unfair Dismissal Review of Arbitration Award Insubordination Gross Irregularity

Case Brief

Summary, issues, holding and outcome

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Parties

NUPSAW obo Hleli L

Applicant

Leslie Martin N.O.

Respondent

Public Health & Social Development Sectoral Bargaining Council

Respondent

Department of Health (Western Cape)

Respondent

Procedural Posture

Review Application / Opposed Application for Condonation and Review of Arbitration Award

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the review application.
  2. 2 Whether the arbitrator committed a gross irregularity by failing to identify and decide the true issue before him.
  3. 3 Whether the award dismissing the applicant for insubordination was reasonable based on the evidence properly before the arbitrator.

Ratio Decidendi

The court found that the arbitrator committed a gross irregularity by failing to identify and decide the true issue before him, namely the charge of insubordination, and instead relied on evidence relating to absenteeism for which the applicant had already received lesser sanctions. The arbitrator did not deal with the substantial merits of the dispute and reached an outcome that was not reasonable on the evidence properly before him. Consequently, the award was set aside and the dispute referred back for arbitration before a different arbitrator.

Court Disposition

Condonation granted; arbitration award set aside; dispute referred back for arbitration before a different arbitrator.

Orders

  • Condonation is granted for the late filing of the review application.
  • The award under case number PSHS207 is reviewed and set aside.