Tharisa Minerals (Pty) Ltd v CCMA and Others (JR966/18) [2019] ZALCJHB 153 (14 June 2019)

Tharisa Minerals (Pty) Ltd v CCMA and Others (JR966/18) [2019] ZALCJHB 153 (14 June 2019)

The court found that the arbitrator's conclusion—that the employer did not prove on a balance of probabilities that Van Zyl threatened violence—was logical and reasonable. The arbitrator properly weighed the contradictory evidence of the employer's witnesses and found the AMCU witnesses credible. The absence of direct testimony from the whistle-blower and the lack of corroborating evidence undermined the employer's case. The applicant failed to demonstrate any reviewable defect under section 145(2) of the Labour Relations Act. The arbitrator's award was not one that no reasonable arbitrator could have made, and there was no basis for the court to interfere with the award.

Citation
[2019] ZALCJHB 153
Parties
Applicant: Tharisa Minerals (Pty) Ltd; Respondent: CCMA; Respondent: Fourie, Steyn, N.O.; Respondent: Association of Mining and Construction Obo Kobus Van Zyl
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 June 2019
Case Number
JR966/18
Procedural Posture
Review Application / Judgment on Unopposed Review of CCMA Arbitration Award
Outcome
Application dismissed; arbitration award stands.
Judges
Norton
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Onus of Proof, Gross Irregularity, Credibility of Witnesses
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Onus of Proof Gross Irregularity Credibility of Witnesses

Case Brief

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Parties

Tharisa Minerals (Pty) Ltd

Applicant

CCMA

Respondent

Fourie, Steyn, N.O.

Respondent

Association of Mining and Construction Obo Kobus Van Zyl

Respondent

Procedural Posture

Review Application / Judgment on Unopposed Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed a reviewable defect under section 145(2) of the Labour Relations Act.
  2. 2 Whether the dismissal of Mr Van Zyl was substantively unfair.
  3. 3 Whether the arbitrator's findings were reasonable and justified on the evidence.

Ratio Decidendi

The court found that the arbitrator's conclusion—that the employer did not prove on a balance of probabilities that Van Zyl threatened violence—was logical and reasonable. The arbitrator properly weighed the contradictory evidence of the employer's witnesses and found the AMCU witnesses credible. The absence of direct testimony from the whistle-blower and the lack of corroborating evidence undermined the employer's case. The applicant failed to demonstrate any reviewable defect under section 145(2) of the Labour Relations Act. The arbitrator's award was not one that no reasonable arbitrator could have made, and there was no basis for the court to interfere with the award.

Court Disposition

Application dismissed; arbitration award stands.

Orders

  • The application is dismissed.