Thorne v Commission for Conciliation Mediation And Arbitration and Others (C832/08) [2014] ZALCCT 59 (3 November 2014)

Thorne v Commission for Conciliation Mediation And Arbitration and Others (C832/08) [2014] ZALCCT 59 (3 November 2014)

The Labour Court found that the arbitrator did not commit reviewable irregularities in the conduct of the arbitration. The applicant's refusal to obey the instruction to weld aluminium frames was deliberate and not justified by statutory requirements or medical incapacity. The instruction was lawful and reasonable, as welding was included in the applicant's job description and the employer was satisfied with his competence. The applicant failed to place before the arbitrator a clear case that the instruction was unlawful under the Occupational Health and Safety Act. Procedural irregularities alleged by the applicant, including issues with expert testimony and missing portions of the...

Citation
[2014] ZALCCT 59
Parties
Applicant: Graham Frederick Thorne; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Carlton Johnson, N.O.; Respondent: Ithemba Labs
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
3 November 2014
Case Number
C832/08
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
Review application dismissed.
Judges
Lagrange
Legal Topics
Unfair Dismissal, Refusal to Obey Instruction, Procedural Fairness, Occupational Health and Safety, Disciplinary Code Application
Labour Law Civil Procedure Unfair Dismissal Refusal to Obey Instruction Procedural Fairness Occupational Health and Safety Disciplinary Code Application

Case Brief

Summary, issues, holding and outcome

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Parties

Graham Frederick Thorne

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Carlton Johnson, N.O.

Respondent

Ithemba Labs

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed reviewable irregularities in the conduct of the arbitration proceedings.
  2. 2 Whether the dismissal of the applicant for refusing to obey a lawful and reasonable instruction was substantively and procedurally fair.
  3. 3 Whether the instruction to perform aluminium welding was unlawful under the Occupational Health and Safety Act.

Ratio Decidendi

The Labour Court found that the arbitrator did not commit reviewable irregularities in the conduct of the arbitration. The applicant's refusal to obey the instruction to weld aluminium frames was deliberate and not justified by statutory requirements or medical incapacity. The instruction was lawful and reasonable, as welding was included in the applicant's job description and the employer was satisfied with his competence. The applicant failed to place before the arbitrator a clear case that the instruction was unlawful under the Occupational Health and Safety Act. Procedural irregularities alleged by the applicant, including issues with expert testimony and missing portions of the...

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No order as to costs.