Samuels v Commission for Conciliation Mediation And Arbitration and Others (D781/06) [2008] ZALCD 19 (10 July 2008)

Samuels v Commission for Conciliation Mediation And Arbitration and Others (D781/06) [2008] ZALCD 19 (10 July 2008)

The court found that the arbitration award was contaminated by irrelevant considerations, specifically the inclusion of incompatibility in the incapacity hearing, which was not part of the notice given to the applicant. The Commissioner failed to apply her own mind and instead deferred to the employer's decision, using an outdated legal test. There was insufficient evidence presented at the second incapacity hearing to justify the dismissal. As a result, the award was not one that a reasonable decision-maker could have reached. The court set aside the arbitration award and remitted the matter for a de novo hearing before a different Commissioner.

Citation
[2008] ZALCD 19
Parties
Applicant: David Jonathan Samuels; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Bess Pillemer; Respondent: Russells Furnishers (a division of JDG Trading (Pty) Ltd)
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
10 July 2008
Case Number
D781/06
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review succeeds; arbitration award set aside and matter remitted for rehearing.
Judges
Cele
Legal Topics
Unfair Dismissal, Incapacity Due to Ill Health, Arbitration Review, Reasonable Decision Maker Test
Labour Law Unfair Dismissal Incapacity Due to Ill Health Arbitration Review Reasonable Decision Maker Test

Case Brief

Summary, issues, holding and outcome

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Parties

David Jonathan Samuels

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Bess Pillemer

Respondent

Russells Furnishers (a division of JDG Trading (Pty) Ltd)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the second respondent was reasonable and should be set aside.
  2. 2 Whether the Commissioner applied the correct legal test in assessing the fairness of the dismissal.
  3. 3 Whether the incapacity hearing and subsequent dismissal were procedurally and substantively fair.

Ratio Decidendi

The court found that the arbitration award was contaminated by irrelevant considerations, specifically the inclusion of incompatibility in the incapacity hearing, which was not part of the notice given to the applicant. The Commissioner failed to apply her own mind and instead deferred to the employer's decision, using an outdated legal test. There was insufficient evidence presented at the second incapacity hearing to justify the dismissal. As a result, the award was not one that a reasonable decision-maker could have reached. The court set aside the arbitration award and remitted the matter for a de novo hearing before a different Commissioner.

Court Disposition

Application for review succeeds; arbitration award set aside and matter remitted for rehearing.

Orders

  • The arbitration award dated 18 October 2006 is reviewed and set aside.
  • The matter is remitted to the first respondent for a de novo arbitration hearing before a Commissioner other than the second respondent.