Steve Spar Blackheath v Mothuloe and Others (2372/98) [1999] ZALC 43 (19 March 1999)

Steve Spar Blackheath v Mothuloe and Others (2372/98) [1999] ZALC 43 (19 March 1999)

The court found that the commissioner committed reviewable irregularities by failing to make a finding on the abscondment charge and by awarding compensation at a rate higher than the dismissed employee's actual salary, based on alleged racial discrimination. The commissioner exceeded his powers in this regard, as the dispute was about unfair dismissal, not racial discrimination. The court corrected the award to reflect compensation based on the employee's actual salary. The conduct of the applicant's representative was found to be contemptuous on the last day of arbitration, justifying an order for an unconditional apology. The remainder of the award was upheld, and the application for...

Citation
[1999] ZALC 43
Parties
Applicant: Steve Spar Blackheath; Respondent: W T Mothuloe; Respondent: Cyril Makhanya; Respondent: Commission for Conciliation Mediation & Arbitration
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 March 1999
Case Number
2372/98
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; arbitration award corrected regarding compensation; applicant's representative found in contempt and ordered to apologise.
Judges
Mlambo
Legal Topics
Unfair Dismissal, Compensation Calculation, Racial Discrimination, Review of Arbitration Award, Contempt of Commission
Labour Law Civil Procedure Unfair Dismissal Compensation Calculation Racial Discrimination Review of Arbitration Award Contempt of Commission

Case Brief

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Parties

Steve Spar Blackheath

Applicant

W T Mothuloe

Respondent

Cyril Makhanya

Respondent

Commission for Conciliation Mediation & Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner committed reviewable irregularities in the arbitration award.
  2. 2 Whether compensation was correctly calculated based on the dismissed employee's actual salary.
  3. 3 Whether the commissioner exceeded his powers by awarding compensation at a higher rate and ordering payment of an administration fee.

Ratio Decidendi

The court found that the commissioner committed reviewable irregularities by failing to make a finding on the abscondment charge and by awarding compensation at a rate higher than the dismissed employee's actual salary, based on alleged racial discrimination. The commissioner exceeded his powers in this regard, as the dispute was about unfair dismissal, not racial discrimination. The court corrected the award to reflect compensation based on the employee's actual salary. The conduct of the applicant's representative was found to be contemptuous on the last day of arbitration, justifying an order for an unconditional apology. The remainder of the award was upheld, and the application for...

Court Disposition

Application for review dismissed; arbitration award corrected regarding compensation; applicant's representative found in contempt and ordered to apologise.

Orders

  • The application for review is dismissed.
  • The award is corrected: the applicant must pay the second respondent compensation for 12 months calculated at R 988.00 per month, payable within 10 days.