Pretorius v Commission for Conciliation Mediation and Arbitration and Others (JR 875/06) [2013] ZALCJHB 282 (29 October 2013)

Pretorius v Commission for Conciliation Mediation and Arbitration and Others (JR 875/06) [2013] ZALCJHB 282 (29 October 2013)

The Court found that the applicant provided a reasonable and acceptable explanation for the delay in prosecuting the review application, having relied on his previous attorney and acted diligently once aware of the lack of progress. The prospects of success were deemed very good. On the merits, the Commissioner failed to properly assess the evidence, particularly in relation to the mutually destructive versions presented by the parties. The Commissioner prejudged the matter and accepted the respondent's version without adequate scrutiny, relying on assumptions not supported by the rules of evidence. The decision reached was not one that a reasonable decision maker could have made, and the...

Citation
[2013] ZALCJHB 282
Parties
Applicant: Jacobus Pretorius; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: S G Khoza N.O; Respondent: Telkom SA Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 October 2013
Case Number
JR 875/06
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
The arbitration award was reviewed and set aside. The dismissal of the applicant was found to be substantively unfair. Compensation and costs were awarded to the applicant.
Judges
Molahlehi
Legal Topics
Unfair Dismissal, Condonation, Arbitration Review, Substantive Fairness, Credibility of Witnesses
Labour Law Civil Procedure Unfair Dismissal Condonation Arbitration Review Substantive Fairness Credibility of Witnesses

Case Brief

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Parties

Jacobus Pretorius

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

S G Khoza N.O

Respondent

Telkom SA Limited

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether condonation for the late filing of the review application should be granted.
  2. 2 Whether the arbitration award dismissing the applicant's claim of unfair dismissal was reasonable and justified.
  3. 3 Whether the Commissioner properly assessed the evidence and applied her mind to the material before her.

Ratio Decidendi

The Court found that the applicant provided a reasonable and acceptable explanation for the delay in prosecuting the review application, having relied on his previous attorney and acted diligently once aware of the lack of progress. The prospects of success were deemed very good. On the merits, the Commissioner failed to properly assess the evidence, particularly in relation to the mutually destructive versions presented by the parties. The Commissioner prejudged the matter and accepted the respondent's version without adequate scrutiny, relying on assumptions not supported by the rules of evidence. The decision reached was not one that a reasonable decision maker could have made, and the...

Court Disposition

The arbitration award was reviewed and set aside. The dismissal of the applicant was found to be substantively unfair. Compensation and costs were awarded to the applicant.

Orders

  • The arbitration award made by the second respondent is reviewed and set aside.
  • The arbitration award is substituted with an order that the dismissal of the applicant was substantively unfair.