Van Rooyen v Commission For Conciliation Mediation And Arbitration and Others (C593/2007) [2010] ZALCCT 17 (26 March 2010)

Van Rooyen v Commission For Conciliation Mediation And Arbitration and Others (C593/2007) [2010] ZALCCT 17 (26 March 2010)

The court found that none of the applicant's grounds of review had substance. The commissioner had considered the relevant evidence, including the applicant's illiteracy, the testimony of witnesses, and the circumstances of the alleged resignation. The commissioner was entitled to find, on the balance of probabilities, that the applicant resigned voluntarily and was not dismissed. The applicant's illiteracy did not prevent him from understanding the documents he signed, and the employer's version, though possibly irrational, was not improbable given the circumstances. The review application was dismissed as the applicant failed to establish any reviewable irregularity or error in the...

Citation
[2010] ZALCCT 17
Parties
Applicant: Adolf Van Rooyen; Respondent: Commission For Conciliation Mediation And Arbitration; Respondent: Commissioner Ruggiero NO; Respondent: Denepet (Pty) Ltd t/a Leliefontein Boarding Kennels
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
26 March 2010
Case Number
C593/2007
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review dismissed with no order as to costs.
Judges
Cheadle HJ
Legal Topics
Review of Arbitration Award, Dismissal, Condonation, Illiteracy in Employment, Costs Award
Labour Law Civil Procedure Review of Arbitration Award Dismissal Condonation Illiteracy in Employment Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Adolf Van Rooyen

Applicant

Commission For Conciliation Mediation And Arbitration

Respondent

Commissioner Ruggiero NO

Respondent

Denepet (Pty) Ltd t/a Leliefontein Boarding Kennels

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner failed to properly consider evidence regarding the alleged dismissal.
  2. 2 Whether the applicant's illiteracy was adequately considered in the arbitration.
  3. 3 Whether the employer's version was so illogical as to be improbable.

Ratio Decidendi

The court found that none of the applicant's grounds of review had substance. The commissioner had considered the relevant evidence, including the applicant's illiteracy, the testimony of witnesses, and the circumstances of the alleged resignation. The commissioner was entitled to find, on the balance of probabilities, that the applicant resigned voluntarily and was not dismissed. The applicant's illiteracy did not prevent him from understanding the documents he signed, and the employer's version, though possibly irrational, was not improbable given the circumstances. The review application was dismissed as the applicant failed to establish any reviewable irregularity or error in the...

Court Disposition

Application to review dismissed with no order as to costs.

Orders

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