SATAWU and Another v Arivia (Pty) Ltd t/a Arivia.com and Others (JR 1254/09) [2010] ZALC 244 (10 September 2010)

SATAWU and Another v Arivia (Pty) Ltd t/a Arivia.com and Others (JR 1254/09) [2010] ZALC 244 (10 September 2010)

The court found that the arbitrator did not commit any gross irregularity in the conduct of the arbitration proceedings. The exclusion of certain evidence was justified as it was irrelevant to the misconduct charge, and the admission of unsigned minutes did not prejudice the applicants. The arbitrator properly considered the evidence relating to the charge of insolence and the fairness of the dismissal procedure. The award was reasoned, supported by the evidence, and fell within the bounds of reasonableness. The arbitrator applied his own sense of fairness in determining the appropriateness of the sanction and did not defer to the employer. The applicants failed to establish any basis for...

Citation
[2010] ZALC 244
Parties
Applicant: SATAWU; Applicant: Penny Mkhize; Respondent: Arivia (Pty) Ltd t/a Arivia.com; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Dumisane Ngwenya N.O
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 September 2010
Case Number
JR 1254/09
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed with costs.
Judges
Bhoola
Legal Topics
Review of Arbitration Award, Insolence, Dismissal for Misconduct, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Review of Arbitration Award Insolence Dismissal for Misconduct Procedural Fairness Substantive Fairness

Case Brief

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Parties

SATAWU

Applicant

Penny Mkhize

Applicant

Arivia (Pty) Ltd t/a Arivia.com

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Dumisane Ngwenya N.O

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed gross irregularities in the conduct of the arbitration proceedings.
  2. 2 Whether the dismissal of the second applicant was procedurally and substantively fair.
  3. 3 Whether the arbitrator failed to consider material evidence relevant to the misconduct and sanction.

Ratio Decidendi

The court found that the arbitrator did not commit any gross irregularity in the conduct of the arbitration proceedings. The exclusion of certain evidence was justified as it was irrelevant to the misconduct charge, and the admission of unsigned minutes did not prejudice the applicants. The arbitrator properly considered the evidence relating to the charge of insolence and the fairness of the dismissal procedure. The award was reasoned, supported by the evidence, and fell within the bounds of reasonableness. The arbitrator applied his own sense of fairness in determining the appropriateness of the sanction and did not defer to the employer. The applicants failed to establish any basis for...

Court Disposition

Review application dismissed with costs.

Orders

  • The review application is dismissed.
  • The applicants are ordered to pay the costs.