Trudon (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2621/10) [2013] ZALCJHB 49 (22 March 2013)

Trudon (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR 2621/10) [2013] ZALCJHB 49 (22 March 2013)

The court held that the commissioner’s decision was reasonable and within her jurisdiction. The applicant’s attack on jurisdiction was misplaced, as the dispute concerned unfair conduct relating to promotion, not a contractual claim. The commissioner correctly found that the applicant’s conduct in creating a...

Source-derived case information.

Citation
[2013] ZALCJHB 49
Parties
Applicant: Trudon (Pty) Ltd; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Motsoeneng N.O.; Respondent: Janene de Beer
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2013
Case Number
JR 2621/10
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
Moshoana
Legal Topics
Unfair Labour Practice, Promotion, Demotion, Reasonable Expectation, Arbitration Review
Labour Law Unfair Labour Practice Promotion Demotion Reasonable Expectation Arbitration Review

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Summary, issues, holding and outcome

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Parties

Trudon (Pty) Ltd

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Motsoeneng N.O.

Respondent

Janene de Beer

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the CCMA commissioner committed a reviewable irregularity in finding that the applicant committed an unfair labour practice relating to promotion.
  2. 2 Whether the commissioner failed to consider relevant evidence and policy documents regarding promotion.
  3. 3 Whether the remedy awarded by the commissioner was reasonable and within her powers.

Ratio Decidendi

The court held that the commissioner’s decision was reasonable and within her jurisdiction. The applicant’s attack on jurisdiction was misplaced, as the dispute concerned unfair conduct relating to promotion, not a contractual claim. The commissioner correctly found that the applicant’s conduct in creating a reasonable expectation of promotion and then failing to appoint the third respondent amounted to an unfair labour practice. The applicant failed to place any evidence of a policy prohibiting promotion before the commissioner, and it was not sufficient to merely include documents in the arbitration bundle without leading evidence. The remedy awarded, including promotion and...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed with costs.