Rustenburg Platinum Mines Ltd (Union Section) v Commission for Conciliation Mediation and Arbitration and Others (JR570/2006) [2007] ZALC 150 (2 July 2007)

Rustenburg Platinum Mines Ltd (Union Section) v Commission for Conciliation Mediation and Arbitration and Others (JR570/2006) [2007] ZALC 150 (2 July 2007)

The court found that the arbitrator's acceptance of the fourth respondent's denial of bribery, based solely on his past disciplinary record and in the face of consistent evidence from two witnesses without discernible motive to fabricate, was not justifiable. The contradictions in the witnesses' evidence were immaterial to the central issue. As a result, the arbitration award was susceptible to review and was set aside. The matter was referred back to the CCMA for a de novo hearing before a different commissioner. The court did not find it necessary to address the other grounds of review, as the first was dispositive.

Citation
[2007] ZALC 150
Parties
Applicant: Rustenburg Platinum Mines Ltd (Union Section); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Hlokwe, R N.O; Respondent: National Union of Mineworkers; Respondent: Phofu, AM
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
2 July 2007
Case Number
JR570/2006
Procedural Posture
Review Application / Judgment
Outcome
Arbitration award set aside; matter referred back for de novo determination before a different commissioner; costs awarded against third and fourth respondents jointly and severally.
Judges
Ngalwana
Legal Topics
Unfair Dismissal, Arbitration Review, Reinstatement, Compensation Limit, Disciplinary Record, Bribery Allegation
Labour Law Unfair Dismissal Arbitration Review Reinstatement Compensation Limit Disciplinary Record Bribery Allegation

Case Brief

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Parties

Rustenburg Platinum Mines Ltd (Union Section)

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Hlokwe, R N.O

Respondent

National Union of Mineworkers

Respondent

Phofu, AM

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award was susceptible to review on the grounds advanced by the applicant.
  2. 2 Whether the second respondent erred in dismissing the evidence of key witnesses due to contradictions.
  3. 3 Whether past disciplinary record is relevant to the determination of substantive fairness in dismissal for alleged bribery.

Ratio Decidendi

The court found that the arbitrator's acceptance of the fourth respondent's denial of bribery, based solely on his past disciplinary record and in the face of consistent evidence from two witnesses without discernible motive to fabricate, was not justifiable. The contradictions in the witnesses' evidence were immaterial to the central issue. As a result, the arbitration award was susceptible to review and was set aside. The matter was referred back to the CCMA for a de novo hearing before a different commissioner. The court did not find it necessary to address the other grounds of review, as the first was dispositive.

Court Disposition

Arbitration award set aside; matter referred back for de novo determination before a different commissioner; costs awarded against third and fourth respondents jointly and severally.

Orders

  • The arbitration award dated 22 February 2006 under case number LP5752/2003 is reviewed and set aside.
  • The matter is referred back to the first respondent for a de novo determination before a different commissioner.