Steel Mining and Commercial Workers Union obo Kgoedi v Party Design CC (Doll's Diary) (J1103/98) [2000] ZALC 135; [2001] 6 BLLR 667 (LC) (24 November 2000)

Steel Mining and Commercial Workers Union obo Kgoedi v Party Design CC (Doll's Diary) (J1103/98) [2000] ZALC 135; [2001] 6 BLLR 667 (LC) (24 November 2000)

The Labour Court found that the arbitrator had properly applied his mind to the evidence and made a credibility finding in favour of the respondent's witnesses. The arbitrator correctly identified a nexus between Mr Kgoedi's conduct and the employer's business, as the threat occurred near the respondent's premises...

Source-derived case information.

Citation
[2000] ZALC 135
Parties
Applicant: Steel Mining & Commercial Workers Union obo Judas Kgoedi; Respondent: Party Design CC (Doll's Diary)
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
24 November 2000
Case Number
J1103/98
Procedural Posture
Review Application / Labour Court Review of CCMA Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
E. Revelas
Legal Topics
Review of Arbitration Award, Unfair Dismissal, Off the Job Conduct, Nexus Between Conduct and Employer Interest
Labour Law Civil Procedure Review of Arbitration Award Unfair Dismissal Off the Job Conduct Nexus Between Conduct and Employer Interest

Source-derived case record

Summary, issues, holding and outcome

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Parties

Steel Mining & Commercial Workers Union obo Judas Kgoedi

Applicant

Party Design CC (Doll's Diary)

Respondent

Procedural Posture

Review Application / Labour Court Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed misconduct or was biased in making the award.
  2. 2 Whether the dismissal of Mr Kgoedi was substantively and procedurally fair.
  3. 3 Whether the conduct complained of had a sufficient nexus to the employer's business to justify disciplinary action.

Ratio Decidendi

The Labour Court found that the arbitrator had properly applied his mind to the evidence and made a credibility finding in favour of the respondent's witnesses. The arbitrator correctly identified a nexus between Mr Kgoedi's conduct and the employer's business, as the threat occurred near the respondent's premises and affected its reputation. The grounds advanced by the applicant did not constitute valid grounds for review, as there was no evidence of bias or misconduct by the arbitrator. The outcome of the arbitration was sustainable on the facts and law applied, and the application for review was dismissed.

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the costs.