Powertech Transformers (DPM) v Sunuko and Others (C285/2010) [2012] ZALCCT 51 (1 February 2012)

Powertech Transformers (DPM) v Sunuko and Others (C285/2010) [2012] ZALCCT 51 (1 February 2012)

The court found that the commissioner committed a gross irregularity by failing to properly address the jurisdictional issue when allegations of automatically unfair dismissal were raised. The commissioner should have determined the true nature of the dispute and, upon finding that union victimisation was alleged, should have referred the matter to the Labour Court. The failure to do so rendered the arbitration award reviewable. The review application was granted, the award was set aside, and the matter was remitted to the Bargaining Council for determination before a different arbitrator.

Citation
[2012] ZALCCT 51
Parties
Applicant: Powertech Transformers (DPM); Respondent: NUMSA obo Jongikhaya Chris Sinuko; Respondent: Daniel du Plessis; Respondent: Metal and Engineering Industries Bargaining Council (MEIBC)
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
1 February 2012
Case Number
C285/2010
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application granted; arbitration award set aside; matter remitted for fresh arbitration before a different commissioner.
Judges
Van Voore
Legal Topics
Jurisdiction of Arbitrator, Automatically Unfair Dismissal, Review of Arbitration Award, Union Victimisation, Corrective Discipline
Labour Law Civil Procedure Jurisdiction of Arbitrator Automatically Unfair Dismissal Review of Arbitration Award Union Victimisation Corrective Discipline

Case Brief

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Parties

Powertech Transformers (DPM)

Applicant

NUMSA obo Jongikhaya Chris Sinuko

Respondent

Daniel du Plessis

Respondent

Metal and Engineering Industries Bargaining Council (MEIBC)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to determine the dispute where allegations of automatically unfair dismissal were raised.
  2. 2 Whether the commissioner committed a gross irregularity in proceeding with the arbitration.
  3. 3 Whether the dismissal of Sinuko was substantively and procedurally fair.

Ratio Decidendi

The court found that the commissioner committed a gross irregularity by failing to properly address the jurisdictional issue when allegations of automatically unfair dismissal were raised. The commissioner should have determined the true nature of the dispute and, upon finding that union victimisation was alleged, should have referred the matter to the Labour Court. The failure to do so rendered the arbitration award reviewable. The review application was granted, the award was set aside, and the matter was remitted to the Bargaining Council for determination before a different arbitrator.

Court Disposition

Review application granted; arbitration award set aside; matter remitted for fresh arbitration before a different commissioner.

Orders

  • The review application is granted.
  • The Respondent is ordered to pay the Applicant’s costs, limited to the costs of the hearing and drafting of Heads of Argument.