Ross Poultry Breeders (Pty) Ltd v Van Dijk and Others (JR1270/03) [2006] ZALCJHB 7 (31 May 2006)

Ross Poultry Breeders (Pty) Ltd v Van Dijk and Others (JR1270/03) [2006] ZALCJHB 7 (31 May 2006)

The court found that the arbitration award was justifiable and free from defect. The first respondent was denied the right to representation by a non-employee, including a union official, after his colleagues declined to represent him out of fear of victimisation. The chairperson of the disciplinary enquiry was not impartial, having participated in meetings to decide the fate of the first respondent in his absence and colluded with the initiator in formulating charges. The applicant failed to prove that the first respondent acted with gross and deliberate misconduct, as there was no evidence he was instructed to monitor the information downloaded by Mr Schultz or that he acted...

Citation
[2006] ZALCJHB 7
Parties
Applicant: Ross Poultry Breeders (Pty) Ltd; Respondent: Jan van Dijk; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Kobus Louw N.O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
31 May 2006
Case Number
JR1270/03
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is 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 (Pty) Ltd

Applicant

Jan van Dijk

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Kobus Louw N.O

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the third respondent was legally justifiable.
  2. 2 Whether the commissioner exceeded his powers in awarding compensation for both procedural and substantive unfairness.
  3. 3 Whether the commissioner committed a gross irregularity in the conduct of the arbitration proceedings.

Ratio Decidendi

The court found that the arbitration award was justifiable and free from defect. The first respondent was denied the right to representation by a non-employee, including a union official, after his colleagues declined to represent him out of fear of victimisation. The chairperson of the disciplinary enquiry was not impartial, having participated in meetings to decide the fate of the first respondent in his absence and colluded with the initiator in formulating charges. The applicant failed to prove that the first respondent acted with gross and deliberate misconduct, as there was no evidence he was instructed to monitor the information downloaded by Mr Schultz or that he acted...

Court Disposition

Application to review and set aside the arbitration award is dismissed with costs.

Orders

  • The application is dismissed with costs.