Rustenburg Platinum Mines v Commission for Conciliation Mediation And Arbitration and Others (JR315/06) [2007] ZALCJHB 54; (2007) 28 ILJ 1114 (LC) (8 February 2007)

Rustenburg Platinum Mines v Commission for Conciliation Mediation And Arbitration and Others (JR315/06) [2007] ZALCJHB 54; (2007) 28 ILJ 1114 (LC) (8 February 2007)

The Labour Court found that the commissioner committed a reviewable irregularity by substituting the employer's sanction of dismissal with reinstatement and a final written warning. The issue of incitement by Mabula was not properly pleaded or supported by evidence, and the finding of inconsistent discipline was...

Source-derived case information.

Citation
[2007] ZALCJHB 54
Parties
Applicant: Rustenburg Platinum Mines; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Hlokkwe, R. N.O; Respondent: National Union of Mineworkers; Respondent: Modisakeng; Respondent: Seleme, M; Respondent: Mnqayi, A; Respondent: Motlhaga, E; Respondent: Kgosi, K. A
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 February 2007
Case Number
JR315/06
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter referred back to CCMA for arbitration de novo before a different commissioner.
Judges
Molahlehi AJ
Legal Topics
Unfair Dismissal, Disciplinary Consistency, Review of Arbitration Award, Sanction Fairness, Mine Health and Safety, Substitution of Employer Decision
Labour Law Unfair Dismissal Disciplinary Consistency Review of Arbitration Award Sanction Fairness Mine Health and Safety Substitution of Employer Decision

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Summary, issues, holding and outcome

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Parties

Rustenburg Platinum Mines

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Hlokkwe, R. N.O

Respondent

National Union of Mineworkers

Respondent

Modisakeng

Respondent

Seleme, M

Respondent

Mnqayi, A

Respondent

Motlhaga, E

Respondent

Kgosi, K. A

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner committed a reviewable irregularity by substituting the employer's sanction of dismissal with reinstatement and a final written warning.
  2. 2 Whether the issue of incitement by a supervisor was properly before the commissioner and justified the relief granted.
  3. 3 Whether discipline was applied inconsistently between the employees and the supervisor, Mabula.

Ratio Decidendi

The Labour Court found that the commissioner committed a reviewable irregularity by substituting the employer's sanction of dismissal with reinstatement and a final written warning. The issue of incitement by Mabula was not properly pleaded or supported by evidence, and the finding of inconsistent discipline was unjustified as the conduct of Mabula and the employees was not comparable. The commissioner failed to appreciate that fairness denotes a range of possible responses and that the discretion to determine an appropriate sanction lies with the employer. The commissioner improperly relied on a defence not raised or supported by evidence, thereby denying the applicant a fair opportunity...

Court Disposition

Arbitration award reviewed and set aside; matter referred back to CCMA for arbitration de novo before a different commissioner.

Orders

  • The arbitration award dated 21 December 2005 issued under case No LP793-05 is reviewed and set aside.
  • The matter is referred back to the CCMA for arbitration de novo before a commissioner other than the second respondent.