Sekgopo v Moyo and Others (JR789/01) [2002] ZALCJHB 16 (5 March 2002)
- Citation
- [2002] ZALCJHB 16
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- E. Revelas
- Case number
- JR789/01
More details
- Court
- Labour Court Johannesburg
- Panel
- E. Revelas
- Case number
- JR789/01
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the arbitration award was not rationally connected to the facts, particularly regarding the timing of the referral of the dispute. The finding that the dispute was referred after dismissal was not supported by the evidence. As a result, the award was set aside and the dispute was referred back to the CCMA for fresh arbitration before a different commissioner. The court declined to substitute its own findings for those of the arbitrator, emphasizing the need for a proper factual determination by the CCMA.
Court disposition
The review application is granted. The arbitration award is set aside and the dispute is referred back to the CCMA for fresh arbitration before a different commissioner.
Orders
- The arbitration award made by the first respondent is set aside.
- The dispute is referred back to the CCMA to be arbitrated afresh before a different commissioner.
02
Material facts
Parties
A Sekgopo
ApplicantCommissioner Moyo
RespondentThe Commission for Conciliation, Mediation and Arbitration
RespondentCSC Health & Hygiene Services
Respondent03
Procedural history
Posture
Review Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether the first respondent had jurisdiction to entertain the dispute referred to the CCMA.
- 02
Whether the arbitration award was rationally connected to the facts.
- 03
Whether the dispute was referred after dismissal.
Party arguments
- Applicant
- The applicant contended that the arbitration award was incorrect as the finding that the dispute was referred after dismissal was not supported by the facts. The applicant argued that the CCMA had jurisdiction and that the matter should be properly arbitrated.
- Respondent
- The first respondent maintained that he had no jurisdiction to entertain the dispute, relying on the timing of the referral and the circumstances of the dismissal. The respondents supported the award and opposed the review application.
05
Court’s reasoning
Legal principles
- 01
Promotion of Administrative Justice Act
An arbitration award must be rationally connected to the facts before the arbitrator.
- 02
Sidumo v Rustenburg Platinum Mines Ltd 2008 (2) SA 24 (CC)
Jurisdictional findings must be based on the evidence presented and not on incorrect factual assumptions.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the arbitration award was not rationally connected to the facts, particularly regarding the timing of the referral of the dispute. The finding that the dispute was referred after dismissal was not supported by the evidence. As a result, the award was set aside and the dispute was referred back to the CCMA for fresh arbitration before a different commissioner. The court declined to substitute its own findings for those of the arbitrator, emphasizing the need for a proper factual determination by the CCMA.
Obiter and limits
- Justice would be best served by interfering in the arbitration award and referring the dispute back to the CCMA.
- The court was unable to follow the reasoning in the arbitration award, which appeared to be based on incorrect factual findings.
Court disposition
The review application is granted. The arbitration award is set aside and the dispute is referred back to the CCMA for fresh arbitration before a different commissioner.
- The arbitration award made by the first respondent is set aside.
- The dispute is referred back to the CCMA to be arbitrated afresh before a different commissioner.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Judgment
[COMMENT1] Sneller Verbatim/HVDM
IN THE LABOUR COURT OF
SOUTH AFRICA
BRAAMFONTEIN
CASE NO: JR789/01
DATE: 2002-03-05
In the matter between
A
SEKGOPO Applicant
and
COMMISSIONER MOYO B
1ST Respondent
THE COMMISSION FOR CONCILIATION,
MEDIATION AND
ARBITRATION
2ND Respondent
CSC HEALTH &
HYGIENE SERVICES
3RD Respondent
J
U D G M E N T
Delivered on 5 March 2002
REVELAS J:
1. This is an application to review an award made by the first respondent to the effect that he had no jurisdiction to entertain the dispute which was referred to the second respondent.
2. It is difficult for me to follow the reasoning, in the arbitration award. One of the findings made was that the dispute was referred after the dismissal. This does not seem to be borne out by the facts.
3. Justice would be best served if I interfered in this arbitration award and refer it back to the Commission for Conciliation, Mediation and Arbitration (“CCMA”), because the finding is not rationally connected to the facts. I am unable to substitute the findings of the arbitrator with my own.
4. The award is set aside and the dispute is referred back to the CCMA to be arbitrated afresh before a different commissioner.
____
E. Revelas
[COMMENT1]BEGIN DEUR 'N "HEADER" TE MAAK
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