Samancor Chrome Ltd and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 2055/11) [2013] ZALCJHB 243 (7 August 2013)

Samancor Chrome Ltd and Another v Commission for Conciliation Mediation and Arbitration and Others (JR 2055/11) [2013] ZALCJHB 243 (7 August 2013)

The court found that the Commissioner’s award was inconsistent with his own findings. The Commissioner acknowledged that the Fourth Respondent was responsible for crew safety and had failed to comply with safety procedures, yet found the dismissal substantively unfair without providing a rational explanation. The Commissioner ignored evidence that a risk assessment had been conducted and failed to make credibility findings or explain the basis for his conclusions. The award was not rationally connected to the evidence and was therefore reviewable. The matter was referred back to the CCMA for a rehearing before a different Commissioner.

Citation
[2013] ZALCJHB 243
Parties
Applicant: Samancor Chrome Limited; Applicant: Eastern Chrome Mines; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Phuti Godfrey Thaba N.O.; Respondent: The National Union of Mineworkers; Respondent: Josiah Mbembe
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
7 August 2013
Case Number
JR 2055/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The dispute is referred back to the CCMA for arbitration de novo before a different Commissioner.
Judges
Matyolo
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Substantive Fairness, Safety Procedures, Administrative Action
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Substantive Fairness Safety Procedures Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Samancor Chrome Limited

Applicant

Eastern Chrome Mines

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Phuti Godfrey Thaba N.O.

Respondent

The National Union of Mineworkers

Respondent

Josiah Mbembe

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the Commissioner was rationally connected to the evidence presented.
  2. 2 Whether the dismissal of the Fourth Respondent was substantively unfair.
  3. 3 Whether the employment relationship had broken down irretrievably.

Ratio Decidendi

The court found that the Commissioner’s award was inconsistent with his own findings. The Commissioner acknowledged that the Fourth Respondent was responsible for crew safety and had failed to comply with safety procedures, yet found the dismissal substantively unfair without providing a rational explanation. The Commissioner ignored evidence that a risk assessment had been conducted and failed to make credibility findings or explain the basis for his conclusions. The award was not rationally connected to the evidence and was therefore reviewable. The matter was referred back to the CCMA for a rehearing before a different Commissioner.

Court Disposition

The arbitration award is reviewed and set aside. The dispute is referred back to the CCMA for arbitration de novo before a different Commissioner.

Orders

  • The arbitration award made by the Second Respondent under case number LP2161-11 is reviewed and set aside.
  • The dispute is referred back to the CCMA for arbitration de novo by a Commissioner other than the Second Respondent.