SABC v CCMA and Others (JR 232/17) [2018] ZALCJHB 373; (2019) 40 ILJ 603 (LC) (9 November 2018)

SABC v CCMA and Others (JR 232/17) [2018] ZALCJHB 373; (2019) 40 ILJ 603 (LC) (9 November 2018)

The court found that the arbitrator's refusal to postpone the arbitration was irrational and unreasonable given the unique and unforeseen circumstances affecting the SABC's attorney. The junior attorney was not prepared to proceed, and the SABC was deprived of the opportunity to present its case. The arbitrator's interpretation of 'absence' in the context of rescission was overly formalistic; meaningful participation is required, and mere physical presence does not suffice. The proceedings effectively took place in the absence of the SABC, justifying rescission of the award. Both the refusal to postpone and the rescission ruling were reviewed and set aside. The dispute was remitted to the...

Citation
[2018] ZALCJHB 373
Parties
Applicant: SABC; Respondent: CCMA; Respondent: Daniel du Plessis N.O.; Respondent: Mathoma and 13 Others; Respondent: Nyathi; Respondent: Mtsweni; Respondent: Mashigo; Respondent: Mkhabela; Respondent: Senna and Mhlanga; Respondent: Letsipa; Respondent: Mavumengwana; Respondent: Mothloki
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 November 2018
Case Number
JR 232/17
Procedural Posture
Review Application / Judgment on Review of Rescission and Postponement Rulings
Outcome
Both the rescission and postponement rulings are reviewed and set aside. The arbitration award is rescinded. The dispute is remitted to the CCMA for a fresh hearing before a different commissioner. No order as to costs.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Rescission of Award, Postponement of Arbitration, Default Award, Review of Ccma Ruling
Labour Law Civil Procedure Unfair Dismissal Rescission of Award Postponement of Arbitration Default Award Review of Ccma Ruling

Case Brief

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Parties

SABC

Applicant

CCMA

Respondent

Daniel du Plessis N.O.

Respondent

Mathoma and 13 Others

Respondent

Nyathi

Respondent

Mtsweni

Respondent

Mashigo

Respondent

Mkhabela

Respondent

Senna and Mhlanga

Respondent

Letsipa

Respondent

Mavumengwana

Respondent

Mothloki

Respondent

Procedural Posture

Review Application / Judgment on Review of Rescission and Postponement Rulings

Legal Issues

  1. 1 Whether the arbitrator's refusal to postpone the arbitration was reasonable under the circumstances.
  2. 2 Whether the rescission ruling was correctly refused on the basis that the SABC was not 'absent'.
  3. 3 Whether the arbitration award should be rescinded and the dispute remitted for a full hearing.

Ratio Decidendi

The court found that the arbitrator's refusal to postpone the arbitration was irrational and unreasonable given the unique and unforeseen circumstances affecting the SABC's attorney. The junior attorney was not prepared to proceed, and the SABC was deprived of the opportunity to present its case. The arbitrator's interpretation of 'absence' in the context of rescission was overly formalistic; meaningful participation is required, and mere physical presence does not suffice. The proceedings effectively took place in the absence of the SABC, justifying rescission of the award. Both the refusal to postpone and the rescission ruling were reviewed and set aside. The dispute was remitted to the...

Court Disposition

Both the rescission and postponement rulings are reviewed and set aside. The arbitration award is rescinded. The dispute is remitted to the CCMA for a fresh hearing before a different commissioner. No order as to costs.

Orders

  • The rescission ruling of 1 February 2017 is reviewed and set aside; the award of 2 December 2016 is rescinded.
  • The postponement ruling of 23 November 2016 is reviewed and set aside.