South African Breweries Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 665/2011) [2012] ZALCCT 29 (25 July 2012)

South African Breweries Ltd v Commission for Conciliation Mediation and Arbitration and Others (C 665/2011) [2012] ZALCCT 29 (25 July 2012)

The court found that, despite the clarity provided by Sidumo and subsequent cases, there remains confusion regarding the commissioner’s role in review proceedings, specifically in the context of dismissal for misconduct. Given the interests of justice and the possibility that another court may reach a different...

Source-derived case information.

Citation
[2012] ZALCCT 29
Parties
Applicant: South African Breweries Ltd; Respondent: CCMA; Respondent: Tariq Jamodien N.O.; Respondent: Cedric Karstens
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
25 July 2012
Case Number
C 665/2011
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Leave to appeal granted.
Judges
Steenkamp
Legal Topics
Review of Arbitration Award, Commissioner Role, Test for Review, Interests of Justice
Labour Law Review of Arbitration Award Commissioner Role Test for Review Interests of Justice

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Summary, issues, holding and outcome

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Parties

South African Breweries Ltd

Applicant

CCMA

Respondent

Tariq Jamodien N.O.

Respondent

Cedric Karstens

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the review application.
  2. 2 Whether the interests of justice require leave to appeal on the test for review and the commissioner’s role in dismissal cases.

Ratio Decidendi

The court found that, despite the clarity provided by Sidumo and subsequent cases, there remains confusion regarding the commissioner’s role in review proceedings, specifically in the context of dismissal for misconduct. Given the interests of justice and the possibility that another court may reach a different conclusion, leave to appeal should be granted to allow the Labour Appeal Court to provide further guidance on the applicable test for review.

Court Disposition

Leave to appeal granted.

Orders

  • Leave to appeal is granted.
  • Costs of this application are to be costs in the appeal.