Ravat v CCMA and Others (C628/15) [2017] ZALCCT 23 (30 May 2017)

Ravat v CCMA and Others (C628/15) [2017] ZALCCT 23 (30 May 2017)

The Labour Court found that the record of the arbitration proceedings was defective and that attempts to reconstruct it were unsuccessful. In accordance with the majority judgment in Baloyi v MEC for Health & Social Development, Limpopo, the Court held that it would be improper to determine the review in the absence of a proper record. The matter was therefore remitted to the CCMA for a fresh arbitration before a different commissioner. The Court further held that neither the employer nor the employee should bear the costs of the application, as the defective record was not attributable to either party.

Citation
[2017] ZALCCT 23
Parties
Applicant: Veronique Ravat; Respondent: CCMA; Respondent: Bella Goldman N.O.; Respondent: South African Astronomical Observatory
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
30 May 2017
Case Number
C628/15
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The dispute is remitted to the CCMA for fresh arbitration before a different commissioner. No order as to costs.
Judges
A Steenkamp
Legal Topics
Unfair Dismissal, Unfair Labour Practice, Review of Arbitration Award, Defective Record, Remittal for Fresh Arbitration
Labour Law Civil Procedure Unfair Dismissal Unfair Labour Practice Review of Arbitration Award Defective Record Remittal for Fresh Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Veronique Ravat

Applicant

CCMA

Respondent

Bella Goldman N.O.

Respondent

South African Astronomical Observatory

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the defective record of arbitration proceedings justifies setting aside the award.
  2. 2 Whether the matter should be remitted for fresh arbitration in light of the Constitutional Court's guidance in Baloyi.
  3. 3 Whether either party should bear the costs of the review application.

Ratio Decidendi

The Labour Court found that the record of the arbitration proceedings was defective and that attempts to reconstruct it were unsuccessful. In accordance with the majority judgment in Baloyi v MEC for Health & Social Development, Limpopo, the Court held that it would be improper to determine the review in the absence of a proper record. The matter was therefore remitted to the CCMA for a fresh arbitration before a different commissioner. The Court further held that neither the employer nor the employee should bear the costs of the application, as the defective record was not attributable to either party.

Court Disposition

The arbitration award is reviewed and set aside. The dispute is remitted to the CCMA for fresh arbitration before a different commissioner. No order as to costs.

Orders

  • The arbitration award of Commissioner Bella Goldman dated 8 June 2015 under case number WECT 8579-14 is reviewed and set aside.
  • The dispute is remitted to the CCMA for a fresh arbitration before a different commissioner.