Rustenburg Platinum Mines Ltd (Amandelbult Section) v Commission for Conciliation, Mediation and Arbitration and Others (JR1044/08) [2009] ZALC 71 (28 July 2009)

Rustenburg Platinum Mines Ltd (Amandelbult Section) v Commission for Conciliation, Mediation and Arbitration and Others (JR1044/08) [2009] ZALC 71 (28 July 2009)

The Labour Court found that the commissioner erred by applying the criminal law standard of proof (beyond reasonable doubt) instead of the civil law standard (balance of probabilities) when assessing whether the fourth respondent committed misconduct. This constituted a reviewable irregularity, rendering the arbitration award unreasonable. The commissioner failed to resolve the conflicting versions on the preponderance of probabilities and did not make a finding that a reasonable decision maker would have made. Consequently, the arbitration award was set aside and the matter referred for arbitration de novo before a different commissioner.

Citation
[2009] ZALC 71
Parties
Applicant: Rustenburg Platinum Mines Limited (Amandelbult Section); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Matsepe, H, N.O.; Respondent: National Union of Mineworkers; Respondent: Maphunye, P.P.
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 July 2009
Case Number
JR1044/08
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
Application granted; arbitration award set aside; matter referred for arbitration de novo before a different commissioner.
Judges
Francis
Legal Topics
Unfair Dismissal, Arbitration Review, Standard of Proof, Compensation for Unfair Dismissal
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Standard of Proof Compensation for Unfair Dismissal

Case Brief

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Parties

Rustenburg Platinum Mines Limited (Amandelbult Section)

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Matsepe, H, N.O.

Respondent

National Union of Mineworkers

Respondent

Maphunye, P.P.

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the commissioner applied the correct standard of proof in determining substantive fairness of the dismissal.
  2. 2 Whether the arbitration award was reasonable and rational based on the evidence before the commissioner.
  3. 3 Whether the fourth respondent's dismissal was substantively unfair.

Ratio Decidendi

The Labour Court found that the commissioner erred by applying the criminal law standard of proof (beyond reasonable doubt) instead of the civil law standard (balance of probabilities) when assessing whether the fourth respondent committed misconduct. This constituted a reviewable irregularity, rendering the arbitration award unreasonable. The commissioner failed to resolve the conflicting versions on the preponderance of probabilities and did not make a finding that a reasonable decision maker would have made. Consequently, the arbitration award was set aside and the matter referred for arbitration de novo before a different commissioner.

Court Disposition

Application granted; arbitration award set aside; matter referred for arbitration de novo before a different commissioner.

Orders

  • The arbitration award issued by the second respondent under case number LP2005-06 dated 10 April 2008 is reviewed and set aside.
  • The matter is referred to the first respondent for arbitration de novo before a commissioner other than the second respondent.