Rustenburg Platinum Mines Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 995-09) [2014] ZALCJHB 238 (8 July 2014)

Rustenburg Platinum Mines Limited v Commission For Conciliation, Mediation and Arbitration and Others (JR 995-09) [2014] ZALCJHB 238 (8 July 2014)

The Labour Court found that the arbitrator committed material irregularities in evaluating the evidence, specifically by irrationally rejecting direct testimony of bribery and failing to properly consider hearsay evidence in accordance with statutory requirements. The arbitrator also erred in dismissing professional opinions of key witnesses without justification. On procedural fairness, the Court held that the employee was afforded multiple opportunities to make submissions and attend the disciplinary hearing, which he failed to utilize. The arbitrator's findings on both substantive and procedural unfairness were not decisions that a reasonable arbitrator could have reached....

Citation
[2014] ZALCJHB 238
Parties
Applicant: Rustenburg Platinum Mines Limited (Rustenburg Section); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner M Phetla N.O.; Respondent: Mtshongo, PM
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 July 2014
Case Number
JR 995-09
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review and set aside the arbitration award is granted. The award is set aside and the matter is remitted for a hearing de novo before a different commissioner. No order as to costs.
Judges
Naidoo
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Procedural Fairness, Substantive Fairness, Admission of Hearsay Evidence
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Procedural Fairness Substantive Fairness Admission of Hearsay Evidence

Case Brief

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Parties

Rustenburg Platinum Mines Limited (Rustenburg Section)

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner M Phetla N.O.

Respondent

Mtshongo, PM

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed misconduct or gross irregularity in evaluating evidence and awarding compensation.
  2. 2 Whether the dismissal of the employee was substantively and procedurally unfair.
  3. 3 Whether hearsay evidence was properly considered by the arbitrator.

Ratio Decidendi

The Labour Court found that the arbitrator committed material irregularities in evaluating the evidence, specifically by irrationally rejecting direct testimony of bribery and failing to properly consider hearsay evidence in accordance with statutory requirements. The arbitrator also erred in dismissing professional opinions of key witnesses without justification. On procedural fairness, the Court held that the employee was afforded multiple opportunities to make submissions and attend the disciplinary hearing, which he failed to utilize. The arbitrator's findings on both substantive and procedural unfairness were not decisions that a reasonable arbitrator could have reached....

Court Disposition

Application to review and set aside the arbitration award is granted. The award is set aside and the matter is remitted for a hearing de novo before a different commissioner. No order as to costs.

Orders

  • The second respondent's award under NW3967-07 is reviewed and set aside.
  • The matter is remitted to the first respondent to be heard by a commissioner other than the second respondent.