Plaatjies v Commission for Conciliation, Mediation and Arbitration and Others (PR41/13) [2015] ZALCPE 59 (13 November 2015)

Plaatjies v Commission for Conciliation, Mediation and Arbitration and Others (PR41/13) [2015] ZALCPE 59 (13 November 2015)

The court found that the commissioner erred by basing his decision on only part of clause 19(c) of the employment contract, failing to consider whether, in the reasonable opinion of the employer, the conviction affected the applicant's position. The commissioner also failed to fairly consider evidence regarding the applicant's appeal against deregistration by PSIRA, which was still pending at the time of dismissal. These errors rendered the arbitration award unreasonable and not one that a reasonable decision-maker could reach. The award was therefore reviewed and set aside, and the matter remitted for fresh arbitration before a different commissioner.

Citation
[2015] ZALCPE 59
Parties
Applicant: Cyril Arthur Plaatjies; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner A Nyondo N.O; Respondent: Xhobani Security Services
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
13 November 2015
Case Number
PR 41/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award was reviewed and set aside. The matter was remitted for arbitration de novo before a different commissioner.
Judges
Lallie
Legal Topics
Unfair Dismissal, Condonation of Late Filing, Interpretation of Employment Contract, Incapacity Due to Criminal Conviction
Labour Law Civil Procedure Unfair Dismissal Condonation of Late Filing Interpretation of Employment Contract Incapacity Due to Criminal Conviction

Case Brief

Summary, issues, holding and outcome

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Parties

Cyril Arthur Plaatjies

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner A Nyondo N.O

Respondent

Xhobani Security Services

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner correctly interpreted clause 19(c) of the applicant's contract of employment.
  2. 2 Whether the commissioner properly considered all relevant evidence, including events after dismissal.
  3. 3 Whether the arbitration award was reasonable in light of the evidence and applicable law.

Ratio Decidendi

The court found that the commissioner erred by basing his decision on only part of clause 19(c) of the employment contract, failing to consider whether, in the reasonable opinion of the employer, the conviction affected the applicant's position. The commissioner also failed to fairly consider evidence regarding the applicant's appeal against deregistration by PSIRA, which was still pending at the time of dismissal. These errors rendered the arbitration award unreasonable and not one that a reasonable decision-maker could reach. The award was therefore reviewed and set aside, and the matter remitted for fresh arbitration before a different commissioner.

Court Disposition

The arbitration award was reviewed and set aside. The matter was remitted for arbitration de novo before a different commissioner.

Orders

  • The late filing of the record is condoned.
  • The arbitration award issued by the second respondent under case number ECPE 648-13 and dated 23 May 2013 is reviewed and set aside.