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South Africa Judgment

Labour Court Johannesburg

Sekgopo v Moyo and Others (JR789/01) [2002] ZALCJHB 16 (5 March 2002)

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Source document

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

Applicant

Commissioner Moyo

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

CSC Health & Hygiene Services

Respondent

03

Procedural history

  1. Posture

    Review Application / Judgment

04

Questions and positions

Legal issues

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

  1. 01

    Promotion of Administrative Justice Act

    An arbitration award must be rationally connected to the facts before the arbitrator.

  2. 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

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Judgment reading view

Judgment text

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Source document

Labour Court Johannesburg

Judgment

[2002] ZALCJHB 16

[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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Sidumo v Rustenburg Platinum Mines Ltd 2008 (2) SA 24 (CC)

Case cited

Promotion of Administrative Justice Act

Legislation

Legislation referenced in the available case record.

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