Trans Hex Group Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA18/2014) [2015] ZALAC 123; [2016] 2 BLLR 144 (LAC) (30 October 2015)

Trans Hex Group Ltd v Commission for Conciliation Mediation and Arbitration and Others (CA18/2014) [2015] ZALAC 123; [2016] 2 BLLR 144 (LAC) (30 October 2015)

The Labour Appeal Court held that the arbitrator was correct in finding that the dismissal of the employees was substantively unfair. The arbitrator properly considered the mutually destructive versions and found the employees' version more probable, as the appellant failed to provide objective evidence of the alleged assault, such as video footage or police reports. The arbitrator's award fell within the band of reasonableness required by law. The Labour Court's judgment dismissing the review application was upheld, and the appeal was dismissed with costs.

Citation
[2015] ZALAC 123
Parties
Appellant: Trans Hex Group Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Setlago Morwa; Respondent: South African Transport and Allied Workers Union; Respondent: William Mlangeni; Respondent: Maki Mary Morare
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
30 October 2015
Case Number
CA18/2014
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with costs.
Judges
Landman JA, Sutherland JA, Mngqibisa-Thusi AJA
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Mutually Destructive Versions, Reasonableness of Award
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Mutually Destructive Versions Reasonableness of Award

Case Brief

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 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Trans Hex Group Ltd

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Setlago Morwa

Respondent

South African Transport and Allied Workers Union

Respondent

William Mlangeni

Respondent

Maki Mary Morare

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by failing to apply his mind to the relevant issues and facts.
  2. 2 Whether the arbitration award was reasonable and supported by the facts.
  3. 3 Whether the dismissal of the employees was substantively unfair.

Ratio Decidendi

The Labour Appeal Court held that the arbitrator was correct in finding that the dismissal of the employees was substantively unfair. The arbitrator properly considered the mutually destructive versions and found the employees' version more probable, as the appellant failed to provide objective evidence of the alleged assault, such as video footage or police reports. The arbitrator's award fell within the band of reasonableness required by law. The Labour Court's judgment dismissing the review application was upheld, and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.