Ross Poultry Breeders (Pty) Ltd v Van Dijk and Others (JR1270/03) [2006] ZALC 69 (31 May 2006)

Ross Poultry Breeders (Pty) Ltd v Van Dijk and Others (JR1270/03) [2006] ZALC 69 (31 May 2006)

The Labour Court found that the third respondent's arbitration award was justifiable and free from reviewable defects. The first respondent was denied the right to representation by a non-employee, including a union official, due to company code restrictions, despite his colleagues declining to represent him out of fear. The chairperson of the disciplinary enquiry was not impartial, having participated in meetings about the charges and fate of the first respondent. The applicant failed to prove that the first respondent acted with gross and deliberate misconduct, as there was no instruction for him to monitor the information downloaded by Mr Schultz, and the evidence did not support the...

Citation
[2006] ZALC 69
Parties
Applicant: Ross Poultry Breeders (Proprietary) Limited; Respondent: Jan van Dijk; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Kobus Louw N.O
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
31 May 2006
Case Number
JR1270/03
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
Application dismissed with costs.
Judges
Cele
Legal Topics
Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Compensation for Unfair Dismissal, Representation Rights
Labour Law Civil Procedure Review of Arbitration Award Procedural Fairness Substantive Fairness Compensation for Unfair Dismissal Representation Rights

Case Brief

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Parties

Ross Poultry Breeders (Proprietary) Limited

Applicant

Jan van Dijk

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Kobus Louw N.O

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the third respondent was legally justifiable and free from reviewable defects.
  2. 2 Whether the first respondent was denied the right to representation by a union official or non-employee at the disciplinary hearing.
  3. 3 Whether the chairperson of the disciplinary enquiry was impartial.

Ratio Decidendi

The Labour Court found that the third respondent's arbitration award was justifiable and free from reviewable defects. The first respondent was denied the right to representation by a non-employee, including a union official, due to company code restrictions, despite his colleagues declining to represent him out of fear. The chairperson of the disciplinary enquiry was not impartial, having participated in meetings about the charges and fate of the first respondent. The applicant failed to prove that the first respondent acted with gross and deliberate misconduct, as there was no instruction for him to monitor the information downloaded by Mr Schultz, and the evidence did not support the...

Court Disposition

Application dismissed with costs.

Orders

  • The application to review and set aside the arbitration award is dismissed.
  • The applicant is ordered to pay the costs of the application.