Strocam Projects (Pty) Ltd v Metal And Engineering Industries Bargaining Council (MEIBC) and Others (JR2262/2011) [2014] ZALCJHB 276 (22 July 2014)

Strocam Projects (Pty) Ltd v Metal And Engineering Industries Bargaining Council (MEIBC) and Others (JR2262/2011) [2014] ZALCJHB 276 (22 July 2014)

The Labour Court found that the record of the arbitration proceedings was unavailable due to no fault of the applicant, who had taken all reasonable steps to obtain it. The Second Respondent's handwritten notes were illegible, and she was no longer available to assist in reconstructing the record. The court held...

Source-derived case information.

Citation
[2014] ZALCJHB 276
Parties
Applicant: Strocam Projects (Pty) Limited; Respondent: Metal and Engineering Industries Bargaining Council (MEIBC); Respondent: Khabo Mamba (in her capacity as Commissioner for the MEIBC); Respondent: Patrick Ndlela
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 July 2014
Case Number
JR2262/2011
Procedural Posture
Review Application / Judgment on Review Application Seeking Rescission and Setting Aside of Arbitration Award
Outcome
The arbitration award of the Second Respondent is set aside and the matter is remitted for rehearing before a different commissioner. No order as to costs.
Judges
Short
Legal Topics
Review of Arbitration Award, Record of Proceedings, Gross Irregularity, Unfair Dismissal, Remittal for Rehearing
Labour Law Civil Procedure Review of Arbitration Award Record of Proceedings Gross Irregularity Unfair Dismissal Remittal for Rehearing

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Strocam Projects (Pty) Limited

Applicant

Metal and Engineering Industries Bargaining Council (MEIBC)

Respondent

Khabo Mamba (in her capacity as Commissioner for the MEIBC)

Respondent

Patrick Ndlela

Respondent

Procedural Posture

Review Application / Judgment on Review Application Seeking Rescission and Setting Aside of Arbitration Award

Legal Issues

  1. 1 Whether the absence of a record of arbitration proceedings precludes the Labour Court from reviewing the award.
  2. 2 Whether the Second Respondent committed a gross irregularity in failing to keep and furnish a record of the arbitration proceedings.
  3. 3 Whether the review application should be dismissed or the matter remitted for rehearing.

Ratio Decidendi

The Labour Court found that the record of the arbitration proceedings was unavailable due to no fault of the applicant, who had taken all reasonable steps to obtain it. The Second Respondent's handwritten notes were illegible, and she was no longer available to assist in reconstructing the record. The court held that, in these circumstances, it would be futile to force further attempts at reconstruction. The failure by the Second Respondent and the First Respondent to keep and furnish a record constituted a gross irregularity. As a result, the award was set aside and the matter remitted to the First Respondent for a hearing de novo before a different commissioner. No order as to costs was...

Court Disposition

The arbitration award of the Second Respondent is set aside and the matter is remitted for rehearing before a different commissioner. No order as to costs.

Orders

  • The award of the Second Respondent dated 11 August 2011 is set aside.
  • The matter regarding the Third Respondent's dismissal is remitted to the First Respondent for hearing de novo by a commissioner other than the Second Respondent.