SACCAWU and Others v President of the Industrial Tribunal and Another (522/98) [2000] ZASCA 74; 2001 (2) SA 277 (SCA) ; [2001] 2 All SA 117 (A); (2001) 22 ILJ 1311 (SCA) (29 November 2000)

SACCAWU and Others v President of the Industrial Tribunal and Another (522/98) [2000] ZASCA 74; 2001 (2) SA 277 (SCA) ; [2001] 2 All SA 117 (A); (2001) 22 ILJ 1311 (SCA) (29 November 2000)

The Supreme Court of Appeal held that the appellants failed to establish bias on the part of the tribunal members. The allegations of bias were generalised and lacked sufficient particularity, and the respondent's denials were adequate to raise substantial disputes of fact. The only specific incident cited, Netshifhefhe's remarks to the appellants, was found to be inappropriate but not indicative of bias against the appellants. The absence of the record of proceedings prevented the court from properly adjudicating the alleged irregularities. The onus of establishing bias rests on the applicant, and in this case, it was not discharged. Consequently, the appeal was dismissed.

Citation
[2000] ZASCA 74
Parties
Appellant: South African Commercial Catering and Allied Workers Union; Appellant: 173 individual employees; Respondent: President of the Industrial Tribunal of Venda; Respondent: Venda Sun Hotel and Casino Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2000
Case Number
522/98
Procedural Posture
Civil Appeal / Appeal From High Court of Venda
Outcome
Appeal dismissed with costs.
Judges
Melunsky, Hefer, Howie, Plewman, Farlam
Legal Topics
Unfair Labour Practice, Apprehended Bias, Review of Tribunal Decision, Onus of Proof
Labour Law Civil Procedure Unfair Labour Practice Apprehended Bias Review of Tribunal Decision Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

South African Commercial Catering and Allied Workers Union

Appellant

173 individual employees

Appellant

President of the Industrial Tribunal of Venda

Respondent

Venda Sun Hotel and Casino Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court of Venda

Legal Issues

  1. 1 Whether the members of the Industrial Tribunal were biased against the appellants.
  2. 2 Whether the appellants established grounds for review of the tribunal's decision.
  3. 3 Whether the absence of the record of proceedings precluded proper adjudication of alleged irregularities.

Ratio Decidendi

The Supreme Court of Appeal held that the appellants failed to establish bias on the part of the tribunal members. The allegations of bias were generalised and lacked sufficient particularity, and the respondent's denials were adequate to raise substantial disputes of fact. The only specific incident cited, Netshifhefhe's remarks to the appellants, was found to be inappropriate but not indicative of bias against the appellants. The absence of the record of proceedings prevented the court from properly adjudicating the alleged irregularities. The onus of establishing bias rests on the applicant, and in this case, it was not discharged. Consequently, the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.