Shoprite Checkers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (P414/11) [2014] ZALCPE 18 (30 July 2014)

Shoprite Checkers (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (P414/11) [2014] ZALCPE 18 (30 July 2014)

The court found that the commissioner committed gross irregularities by failing to apply the relevant legal principles and by not properly considering the seriousness of the misconduct. The commissioner ignored undisputed evidence, failed to make necessary credibility findings, and artificially elevated the...

Source-derived case information.

Citation
[2014] ZALCPE 18
Parties
Applicant: Shoprite Checkers (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Donovan Domingo N.O; Respondent: Francina Fredericks; Respondent: Elaine Lourens
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
30 July 2014
Case Number
P414/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; matter remitted for fresh arbitration before a different commissioner.
Judges
Lallie
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Misconduct, Remittal for Fresh Arbitration
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Misconduct Remittal for Fresh Arbitration

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Summary, issues, holding and outcome

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Parties

Shoprite Checkers (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Donovan Domingo N.O

Respondent

Francina Fredericks

Respondent

Elaine Lourens

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award was reasonable in finding the dismissals substantively unfair.
  2. 2 Whether the commissioner committed gross irregularities or misconduct in the arbitration proceedings.
  3. 3 Whether the evidence supported the findings regarding the applicants' intent and the appropriateness of the sanction.

Ratio Decidendi

The court found that the commissioner committed gross irregularities by failing to apply the relevant legal principles and by not properly considering the seriousness of the misconduct. The commissioner ignored undisputed evidence, failed to make necessary credibility findings, and artificially elevated the respondents' length of service and disciplinary records to justify reinstatement. The decision to reinstate was not supported by the evidence and was inconsistent with the findings made. The commissioner’s conduct led to a conclusion that a reasonable decision-maker could not reach. Consequently, the arbitration award was reviewed and set aside, and the matter was remitted for fresh...

Court Disposition

Arbitration award reviewed and set aside; matter remitted for fresh arbitration before a different commissioner.

Orders

  • The arbitration award issued by the second respondent under case number WEGE 1124-11 and dated 27 July 2011 is reviewed and set aside.
  • The matter is remitted to the first respondent to be arbitrated de novo by a commissioner other than the second respondent.