Rainbow Drivers & Crews (Pty) Ltd v Commission of Conciliation Mediation and Arbitration (JR 531/01) [2003] ZALC 19; - (31 January 2003)

Rainbow Drivers & Crews (Pty) Ltd v Commission of Conciliation Mediation and Arbitration (JR 531/01) [2003] ZALC 19; - (31 January 2003)

The court found that although the transcript of the arbitration was incomplete and the applicant’s representative was inept, the commissioner’s conduct did not amount to a reviewable irregularity. The applicant failed to clearly allege misconduct in the founding affidavit, and the record did not support the claim that a postponement was refused or that the commissioner failed to advise on the necessity of calling witnesses. The arbitrator’s conclusion of unfair dismissal was correct on the evidence presented, and any criticisms of his reasoning were irrelevant to the outcome. The application for review was therefore dismissed.

Citation
[2003] ZALC 19
Parties
Applicant: Rainbow Drivers & Crews (Pty) Ltd; Respondent: Commission of Conciliation Mediation and Arbitration; Respondent: Professor Mzungulu Mthombeni; Respondent: Qwaka Velile Orchard
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
31 January 2003
Case Number
JR 531/01
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed with costs.
Judges
Pillemer
Legal Topics
Unfair Dismissal, Arbitration Review, Procedural Fairness, Misconduct by Commissioner
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Procedural Fairness Misconduct by Commissioner

Case Brief

Summary, issues, holding and outcome

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Parties

Rainbow Drivers & Crews (Pty) Ltd

Applicant

Commission of Conciliation Mediation and Arbitration

Respondent

Professor Mzungulu Mthombeni

Respondent

Qwaka Velile Orchard

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed a reviewable irregularity in the conduct of the arbitration proceedings.
  2. 2 Whether the applicant was denied a fair hearing due to lack of guidance from the commissioner.
  3. 3 Whether the award of compensation instead of reinstatement was justified.

Ratio Decidendi

The court found that although the transcript of the arbitration was incomplete and the applicant’s representative was inept, the commissioner’s conduct did not amount to a reviewable irregularity. The applicant failed to clearly allege misconduct in the founding affidavit, and the record did not support the claim that a postponement was refused or that the commissioner failed to advise on the necessity of calling witnesses. The arbitrator’s conclusion of unfair dismissal was correct on the evidence presented, and any criticisms of his reasoning were irrelevant to the outcome. The application for review was therefore dismissed.

Court Disposition

Application for review dismissed with costs.

Orders

  • The application is dismissed with costs.