JD Group (Pty) Ltd (A Division of Pepkor) t/a Joshua Doore v Plaatjies NO and Another (PR141/17) [2019] ZALCPE 6 (3 April 2019)

JD Group (Pty) Ltd (A Division of Pepkor) t/a Joshua Doore v Plaatjies NO and Another (PR141/17) [2019] ZALCPE 6 (3 April 2019)

The court found that the applicant failed to establish any basis for review under section 33(1) of the Arbitration Act. The arbitrator considered both documentary and oral evidence and followed a logical reasoning process. There was no evidence that the arbitrator misconceived the nature of the inquiry, exceeded his powers, or failed to afford a fair hearing. The applicant did not discharge the onus of proving misconduct, gross irregularity, or excess of powers. The award was reasonable and not reviewable, and there was no reason for the court to interfere with the arbitrator's decision.

Citation
[2019] ZALCPE 6
Parties
Applicant: JD Group (Pty) Ltd (A Division of Pepkor) t/a Joshua Doore; Respondent: Plaatjies, S N.O; Respondent: SACCAWU obo Ingrid Coetzee
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
3 April 2019
Case Number
PR141/17
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award is dismissed.
Judges
Mahosi
Legal Topics
Unfair Dismissal, Arbitration Review, Gross Irregularity, Onus of Proof
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Gross Irregularity Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

JD Group (Pty) Ltd (A Division of Pepkor) t/a Joshua Doore

Applicant

Plaatjies, S N.O

Respondent

SACCAWU obo Ingrid Coetzee

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity in the conduct of the arbitration proceedings.
  2. 2 Whether the arbitrator exceeded his powers under the Arbitration Act.
  3. 3 Whether the award was one that a reasonable decision-maker could reach on the evidence before him.

Ratio Decidendi

The court found that the applicant failed to establish any basis for review under section 33(1) of the Arbitration Act. The arbitrator considered both documentary and oral evidence and followed a logical reasoning process. There was no evidence that the arbitrator misconceived the nature of the inquiry, exceeded his powers, or failed to afford a fair hearing. The applicant did not discharge the onus of proving misconduct, gross irregularity, or excess of powers. The award was reasonable and not reviewable, and there was no reason for the court to interfere with the arbitrator's decision.

Court Disposition

Application to review and set aside the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award issued by the first respondent under the auspices of the Tokiso Dispute Settlement, dated 16 May 2017 under case number TCR010674 is dismissed.
  • There is no order as to costs.