Samancor Chrome Ltd (Eastern Chrome Mines) v Commission for Conciliation, Mediation and Arbitration and Others (JR2198/15) [2018] ZALCJHB 135 (29 March 2018)

Samancor Chrome Ltd (Eastern Chrome Mines) v Commission for Conciliation, Mediation and Arbitration and Others (JR2198/15) [2018] ZALCJHB 135 (29 March 2018)

Condonation for the late filing of the application for leave to appeal was granted due to sufficient reasons and excusable delay, particularly considering the year-end closure of law firms. The application for leave to appeal was dismissed because the arbitrator's interpretation of the charge, although possibly erroneous, was reasonable and did not reach the threshold for review. The charge against the employee was vague and did not specify the alleged misconduct clearly enough to support dismissal. The arbitrator's decision fell within the bounds of reasonableness, and another court was unlikely to reach a different conclusion.

Citation
[2018] ZALCJHB 135
Parties
Applicant: Samancor Chrome Ltd (Eastern Chrome Mines); Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Mohlomelele Mello; Respondent: NUM obo Kuena, Mosiuoa
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2018
Case Number
JR2198/15
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for condonation granted; application for leave to appeal dismissed; no costs order made.
Judges
L Nowosenetz
Legal Topics
Condonation for Late Filing, Review of Arbitration Award, Reasonableness of Arbitrator Decision, Charge Vagueness, Unsatisfactory Work Performance
Labour Law Condonation for Late Filing Review of Arbitration Award Reasonableness of Arbitrator Decision Charge Vagueness Unsatisfactory Work Performance

Case Brief

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Parties

Samancor Chrome Ltd (Eastern Chrome Mines)

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Mohlomelele Mello

Respondent

NUM obo Kuena, Mosiuoa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether the arbitrator's award was reviewable on the basis that no reasonable decision maker could have reached the same conclusion.
  3. 3 Whether the charge against the employee was sufficiently clear and specific to support dismissal for unsatisfactory work performance.

Ratio Decidendi

Condonation for the late filing of the application for leave to appeal was granted due to sufficient reasons and excusable delay, particularly considering the year-end closure of law firms. The application for leave to appeal was dismissed because the arbitrator's interpretation of the charge, although possibly erroneous, was reasonable and did not reach the threshold for review. The charge against the employee was vague and did not specify the alleged misconduct clearly enough to support dismissal. The arbitrator's decision fell within the bounds of reasonableness, and another court was unlikely to reach a different conclusion.

Court Disposition

Application for condonation granted; application for leave to appeal dismissed; no costs order made.

Orders

  • The application for condonation for late filing of the application for leave to appeal is granted.
  • The application for leave to appeal is dismissed.