Solidarity obo Botha v Commission for Conciliation Mediation And Arbitration and Others (JR1281/06) [2008] ZALCJHB 15 (23 October 2008)

Solidarity obo Botha v Commission for Conciliation Mediation And Arbitration and Others (JR1281/06) [2008] ZALCJHB 15 (23 October 2008)

The applicant failed to provide a complete record of the arbitration proceedings, specifically the evidence of the employee, which was materially important to determine whether the commissioner’s decision was reasonable. Without this evidence, the court was unable to assess the merits of the review application. The applicant did not explain what steps were taken to reconstruct the missing portion of the record. Accordingly, the application for review was dismissed on the ground of an incomplete record, and the court found no reason to interfere with the arbitration award. Costs were awarded against the applicant.

Citation
[2008] ZALCJHB 15
Parties
Applicant: Solidarity obo JF Botha; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner Mpho Phetla N.O; Respondent: DDT Mechanised Mining Services (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
23 October 2008
Case Number
JR1281/06
Procedural Posture
Review Application / Judgment
Outcome
Application for review and setting aside of the arbitration award is dismissed with costs.
Judges
Molahlehi
Legal Topics
Review of Arbitration Award, Incomplete Record, Unfair Dismissal, Procedural Fairness
Labour Law Civil Procedure Review of Arbitration Award Incomplete Record Unfair Dismissal Procedural Fairness

Case Brief

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Parties

Solidarity obo JF Botha

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner Mpho Phetla N.O

Respondent

DDT Mechanised Mining Services (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the employee was dismissed by the third respondent.
  2. 2 Whether the arbitration award was reasonable and justifiable given the evidence presented.
  3. 3 Whether the incomplete record of arbitration proceedings justified dismissal of the review application.

Ratio Decidendi

The applicant failed to provide a complete record of the arbitration proceedings, specifically the evidence of the employee, which was materially important to determine whether the commissioner’s decision was reasonable. Without this evidence, the court was unable to assess the merits of the review application. The applicant did not explain what steps were taken to reconstruct the missing portion of the record. Accordingly, the application for review was dismissed on the ground of an incomplete record, and the court found no reason to interfere with the arbitration award. Costs were awarded against the applicant.

Court Disposition

Application for review and setting aside of the arbitration award is dismissed with costs.

Orders

  • The application to review and set aside the arbitration award issued by the commissioner under case NW5963-05 dated 12 April 2006 is dismissed.
  • The applicant is ordered to pay the costs.