Schenker International SA (Pty) Ltd v Bohale and Others (J1507/99) [2000] ZALC 55 (26 June 2000)

Schenker International SA (Pty) Ltd v Bohale and Others (J1507/99) [2000] ZALC 55 (26 June 2000)

The court found that the commissioner committed at least one gross irregularity by failing to control the conduct of Ms Bohale's legal representative, specifically regarding the use of leading questions. This failure resulted in an uneven supervision of the arbitration proceedings and prejudiced the employer. The commissioner also misunderstood the evidentiary value of a leave form completed after leave was allegedly taken, but this was not considered a latent irregularity. The award was reviewed and set aside, and the matter was remitted to the CCMA for fresh arbitration. The application to make the award an order of court was dismissed, and the applicant was ordered to pay the...

Citation
[2000] ZALC 55
Parties
Applicant: Schenker International SA (Pty) Ltd; Respondent: Phyllis Bohale; Respondent: V Monyamane; Respondent: The Director CCMA
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 June 2000
Case Number
J1507/99
Procedural Posture
Review Application / Judgment
Outcome
Award reviewed and set aside; matter remitted to CCMA for fresh arbitration; application to make award an order of court dismissed; applicant ordered to pay respondent's costs of both applications.
Judges
Landman
Legal Topics
Arbitration Review, Gross Irregularity, Legal Representation, Costs Order
Labour Law Civil Procedure Arbitration Review Gross Irregularity Legal Representation Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Schenker International SA (Pty) Ltd

Applicant

Phyllis Bohale

Respondent

V Monyamane

Respondent

The Director CCMA

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity in the arbitration proceedings.
  2. 2 Whether legal representation was permitted in compliance with section 140 of the Labour Relations Act.
  3. 3 Whether the award should be enforced or set aside and remitted for fresh arbitration.

Ratio Decidendi

The court found that the commissioner committed at least one gross irregularity by failing to control the conduct of Ms Bohale's legal representative, specifically regarding the use of leading questions. This failure resulted in an uneven supervision of the arbitration proceedings and prejudiced the employer. The commissioner also misunderstood the evidentiary value of a leave form completed after leave was allegedly taken, but this was not considered a latent irregularity. The award was reviewed and set aside, and the matter was remitted to the CCMA for fresh arbitration. The application to make the award an order of court was dismissed, and the applicant was ordered to pay the...

Court Disposition

Award reviewed and set aside; matter remitted to CCMA for fresh arbitration; application to make award an order of court dismissed; applicant ordered to pay respondent's costs of both applications.

Orders

  • The award dated 19 February 1999 in case GA 30948 is reviewed and set aside.
  • The matter is remitted to the CCMA to arbitrate afresh.