Synergised Engineering Technologies (Pty) Ltd v Bakker and Others (JR205/13) [2016] ZALCJHB 301 (10 August 2016)

Synergised Engineering Technologies (Pty) Ltd v Bakker and Others (JR205/13) [2016] ZALCJHB 301 (10 August 2016)

The Labour Court held that intervention in uncompleted arbitration proceedings is only justified in exceptional circumstances, such as where grave injustice would result or where the audi alteram partem rule would be violated. In this case, the Commissioner exercised her discretion to exclude evidence relating to Bakker's conduct prior to the commencement of the latest contract, finding it irrelevant to the fairness of the dismissal under the current contract. The Court found no basis to conclude that the Commissioner's ruling would result in grave injustice or prevent a fair trial of the issues. The ruling was not irrational or unreasonable given the material before the Commissioner, and...

Citation
[2016] ZALCJHB 301
Parties
Applicant: Synergised Engineering Technologies (Pty) Ltd; Respondent: Jan Dirk Bakker; Respondent: Commissioner Mapalo Tsatsimpe; Respondent: The Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 August 2016
Case Number
JR205/13
Procedural Posture
Review Application / Judgment on Review of in Limine Arbitration Ruling
Outcome
Application to review and set aside the in limine ruling is dismissed. The dispute is to be re-scheduled for arbitration before a Commissioner other than the Second Respondent. The applicant is ordered to pay the costs of the application.
Judges
Tlhotlhalemaje
Legal Topics
Relevance of Evidence, Unfair Dismissal, Arbitration Procedure, Third Party Influence on Dismissal
Labour Law Civil Procedure Relevance of Evidence Unfair Dismissal Arbitration Procedure Third Party Influence on Dismissal

Case Brief

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Parties

Synergised Engineering Technologies (Pty) Ltd

Applicant

Jan Dirk Bakker

Respondent

Commissioner Mapalo Tsatsimpe

Respondent

The Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Review of in Limine Arbitration Ruling

Legal Issues

  1. 1 Whether the Labour Court should intervene in an uncompleted arbitration to review an in limine ruling on admissibility of evidence.
  2. 2 Whether evidence relating to the employee's conduct prior to the commencement of the latest employment contract is relevant to the fairness of the dismissal.
  3. 3 Whether the Commissioner exercised her discretion fairly in excluding evidence predating the contract.

Ratio Decidendi

The Labour Court held that intervention in uncompleted arbitration proceedings is only justified in exceptional circumstances, such as where grave injustice would result or where the audi alteram partem rule would be violated. In this case, the Commissioner exercised her discretion to exclude evidence relating to Bakker's conduct prior to the commencement of the latest contract, finding it irrelevant to the fairness of the dismissal under the current contract. The Court found no basis to conclude that the Commissioner's ruling would result in grave injustice or prevent a fair trial of the issues. The ruling was not irrational or unreasonable given the material before the Commissioner, and...

Court Disposition

Application to review and set aside the in limine ruling is dismissed. The dispute is to be re-scheduled for arbitration before a Commissioner other than the Second Respondent. The applicant is ordered to pay the costs of the application.

Orders

  • The application to review and set aside the in limine ruling of the Second Respondent is dismissed.
  • The dispute between the parties is to be re-scheduled for arbitration before a Commissioner other than the Second Respondent.