Ramushu v Commission for Conciliation, Mediation and Arbitration and Others (C 353/2009) [2010] ZALC 186 (7 December 2010)

Ramushu v Commission for Conciliation, Mediation and Arbitration and Others (C 353/2009) [2010] ZALC 186 (7 December 2010)

The court found that the Commissioner correctly conducted the proceedings by allowing the third respondent to make an opening address and present evidence first, as the fact of dismissal was common cause and the respondent bore the burden of proving fairness. The credibility findings made by the Commissioner were presumed correct, as there was no evidence of irregularity, misdirection, or that the findings were wrong. The applicant's allegations of bias were unfounded and based on a misunderstanding of the proceedings. The fairness of the disciplinary hearing was not at issue before the Commissioner and could not serve as a ground for review. Consequently, the application for review could...

Citation
[2010] ZALC 186
Parties
Applicant: Jacob Kenneth Ramushu; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Vuyisa Mazwi; Respondent: Propwise Estate t/a Fruit & Veg Cape Gate
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 December 2010
Case Number
C 353/2009
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed.
Judges
A M de Swardt
Legal Topics
Automatically Unfair Dismissal, Review of Arbitration Award, Credibility Findings, Procedural Fairness
Labour Law Automatically Unfair Dismissal Review of Arbitration Award Credibility Findings Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Jacob Kenneth Ramushu

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Vuyisa Mazwi

Respondent

Propwise Estate t/a Fruit & Veg Cape Gate

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Commissioner committed misconduct or a reviewable irregularity in conducting the arbitration proceedings.
  2. 2 Whether the credibility findings made by the Commissioner were incorrect or unreasonable.
  3. 3 Whether the applicant's disciplinary hearing was unfair and relevant to the arbitration award.

Ratio Decidendi

The court found that the Commissioner correctly conducted the proceedings by allowing the third respondent to make an opening address and present evidence first, as the fact of dismissal was common cause and the respondent bore the burden of proving fairness. The credibility findings made by the Commissioner were presumed correct, as there was no evidence of irregularity, misdirection, or that the findings were wrong. The applicant's allegations of bias were unfounded and based on a misunderstanding of the proceedings. The fairness of the disciplinary hearing was not at issue before the Commissioner and could not serve as a ground for review. Consequently, the application for review could...

Court Disposition

Application for review dismissed.

Orders

  • The applicant's application for the review of the arbitration award made by the second respondent on 8 May 2009 under Case Number WE 2355-09 is dismissed.
  • No order as to costs is made.