Super Squad Labour Brokers v Sehunane NO and Others (JR2899/2012) [2016] ZALCJHB 399 (14 October 2016)

Super Squad Labour Brokers v Sehunane NO and Others (JR2899/2012) [2016] ZALCJHB 399 (14 October 2016)

The Labour Court found that the Commissioner committed a gross irregularity by refusing to postpone the arbitration despite cogent reasons, namely the unavailability of key witnesses due to a national strike. The refusal deprived the employer of a fair opportunity to present its case, amounting to a denial of a fair hearing. The Commissioner failed to properly consider the law on postponements and did not ameliorate prejudice to the employee by awarding costs. Furthermore, the compensation awarded was excessive and unreasoned, with no basis provided for the quantum. The award was therefore reviewable and set aside, with the dispute remitted for fresh arbitration before a different...

Citation
[2016] ZALCJHB 399
Parties
Applicant: Super Squad Labour Brokers; Respondent: Sehunane M, N.O.; Respondent: The Commission for Conciliation, Mediation and Arbitration; Respondent: Khahlamba, Tinyiko Percy
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 October 2016
Case Number
JR2899/2012
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; dispute remitted to CCMA for fresh arbitration before a different Commissioner; no order as to costs.
Judges
Bekker
Legal Topics
Unfair Dismissal, Arbitration Review, Compensation Quantum, Postponement of Proceedings
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Compensation Quantum Postponement of Proceedings

Case Brief

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Parties

Super Squad Labour Brokers

Applicant

Sehunane M, N.O.

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Khahlamba, Tinyiko Percy

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the Commissioner committed a gross irregularity by refusing to postpone the arbitration to allow the employer to call crucial witnesses.
  2. 2 Whether the refusal to postpone deprived the employer of a fair hearing.
  3. 3 Whether the compensation awarded was excessive and unreasoned.

Ratio Decidendi

The Labour Court found that the Commissioner committed a gross irregularity by refusing to postpone the arbitration despite cogent reasons, namely the unavailability of key witnesses due to a national strike. The refusal deprived the employer of a fair opportunity to present its case, amounting to a denial of a fair hearing. The Commissioner failed to properly consider the law on postponements and did not ameliorate prejudice to the employee by awarding costs. Furthermore, the compensation awarded was excessive and unreasoned, with no basis provided for the quantum. The award was therefore reviewable and set aside, with the dispute remitted for fresh arbitration before a different...

Court Disposition

Arbitration award reviewed and set aside; dispute remitted to CCMA for fresh arbitration before a different Commissioner; no order as to costs.

Orders

  • The arbitration award issued by Commissioner Sehunane of the CCMA under case number GAJB17466/12 is reviewed and set aside.
  • The unfair dismissal dispute is remitted to the CCMA Johannesburg for an arbitration hearing de novo before a Commissioner other than Commissioner Sehunane.