Simba v Mothoka's Trading and Others (JR1384/10) [2015] ZALCJHB 383 (29 October 2015)

Simba v Mothoka's Trading and Others (JR1384/10) [2015] ZALCJHB 383 (29 October 2015)

The court found that the commissioner failed to conduct the arbitration in a fair and impartial manner, descending into the arena, badgering the applicant, and making xenophobic and disrespectful comments. The commissioner did not properly consider relevant evidence, including the applicant's complaints about underpayment and the circumstances surrounding the non-renewal of the contract. The first respondent did not lead any evidence to contradict the applicant's version. The conduct of the commissioner violated the principles of natural justice and audi alteram partem, rendering the award reviewable. The award was set aside and the matter referred back to the CCMA for adjudication by a...

Citation
[2015] ZALCJHB 383
Parties
Applicant: Honest Brandy Simba; Respondent: Mothoka's Trading; Respondent: Braam van Wyk; Respondent: Margaret Coetzee
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 October 2015
Case Number
JR1384/10
Procedural Posture
Review Application / Judgment on Review of CCMA Arbitration Award
Outcome
Application for review granted; arbitration award set aside; matter referred back to CCMA for rehearing before a different commissioner; costs awarded against first respondent.
Judges
Snider
Legal Topics
Unfair Dismissal, Fixed Term Contracts, Reasonable Expectation, Commissioner Bias, Audi Alteram Partem, Xenophobia in Labour Disputes
Labour Law Civil Procedure Unfair Dismissal Fixed Term Contracts Reasonable Expectation Commissioner Bias Audi Alteram Partem Xenophobia in Labour Disputes

Case Brief

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Parties

Honest Brandy Simba

Applicant

Mothoka's Trading

Respondent

Braam van Wyk

Respondent

Margaret Coetzee

Respondent

Procedural Posture

Review Application / Judgment on Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the commissioner conducted the arbitration in a fair and impartial manner.
  2. 2 Whether the applicant had a reasonable expectation of renewal of his fixed term contract.
  3. 3 Whether the commissioner failed to consider relevant evidence and demonstrated bias and xenophobia.

Ratio Decidendi

The court found that the commissioner failed to conduct the arbitration in a fair and impartial manner, descending into the arena, badgering the applicant, and making xenophobic and disrespectful comments. The commissioner did not properly consider relevant evidence, including the applicant's complaints about underpayment and the circumstances surrounding the non-renewal of the contract. The first respondent did not lead any evidence to contradict the applicant's version. The conduct of the commissioner violated the principles of natural justice and audi alteram partem, rendering the award reviewable. The award was set aside and the matter referred back to the CCMA for adjudication by a...

Court Disposition

Application for review granted; arbitration award set aside; matter referred back to CCMA for rehearing before a different commissioner; costs awarded against first respondent.

Orders

  • The arbitration award is set aside.
  • The matter is referred back to the CCMA for adjudication by a commissioner other than the second respondent.