Van Aswegen v Commission for Conciliation, Mediation and Arbitration and Others (JR249/02) [2003] ZALC 168; [2003] 7 BLLR 731 (LC) (27 May 2003)

Van Aswegen v Commission for Conciliation, Mediation and Arbitration and Others (JR249/02) [2003] ZALC 168; [2003] 7 BLLR 731 (LC) (27 May 2003)

The court found that the commissioner had misdirected himself by limiting the compensation to six months without justification, especially since neither party was responsible for the delay in finalizing the arbitration. The commissioner was required to award compensation equivalent to the period between the applicant's dismissal and the conclusion of the arbitration, which was eleven months and fourteen days. The applicant's monthly remuneration was common cause at R9 640,00, resulting in a total compensation of R110 476,55. The court held that there was no purpose in referring the matter back to the commissioner and corrected the award accordingly. Condonation for the late filing of the...

Citation
[2003] ZALC 168
Parties
Applicant: VAN ASWEGEN, DARRYN; Respondent: THE COMMISSIONER FOR CONCILIATION, MEDIATION AND ARBITRATION; Respondent: ZWANE, BUTI NO; Respondent: TELEMESSAGE (PTY) LIMITED
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
27 May 2003
Case Number
JR249/02
Procedural Posture
Review Application / Judgment
Outcome
Review application granted; arbitration award corrected to increase compensation to eleven months and fourteen days' remuneration; condonation granted; costs awarded to applicant.
Judges
Francis
Legal Topics
Unfair Dismissal, Compensation Award, Review of Arbitration, Condonation, Remuneration Calculation
Labour Law Unfair Dismissal Compensation Award Review of Arbitration Condonation Remuneration Calculation

Case Brief

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Parties

VAN ASWEGEN, DARRYN

Applicant

THE COMMISSIONER FOR CONCILIATION, MEDIATION AND ARBITRATION

Respondent

ZWANE, BUTI NO

Respondent

TELEMESSAGE (PTY) LIMITED

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner misdirected himself in awarding only six months' compensation despite finding no party responsible for delay.
  2. 2 Whether the applicant is entitled to compensation for the full period between dismissal and conclusion of arbitration.
  3. 3 Whether condonation for late filing of the replying affidavit should be granted.

Ratio Decidendi

The court found that the commissioner had misdirected himself by limiting the compensation to six months without justification, especially since neither party was responsible for the delay in finalizing the arbitration. The commissioner was required to award compensation equivalent to the period between the applicant's dismissal and the conclusion of the arbitration, which was eleven months and fourteen days. The applicant's monthly remuneration was common cause at R9 640,00, resulting in a total compensation of R110 476,55. The court held that there was no purpose in referring the matter back to the commissioner and corrected the award accordingly. Condonation for the late filing of the...

Court Disposition

Review application granted; arbitration award corrected to increase compensation to eleven months and fourteen days' remuneration; condonation granted; costs awarded to applicant.

Orders

  • The compensation order in the arbitration award dated 21 January 2002 under case number GA127301 is reviewed and corrected.
  • The third respondent is directed to pay the applicant the sum of R110 476,55, being the equivalent of eleven months and fourteen days' remuneration.