Vodacom Service Provider Company (Pty) Ltd v Phala (JR2178/05) [2007] ZALC 13; (2007) 28 ILJ 1335 (LC) (7 March 2007)

Vodacom Service Provider Company (Pty) Ltd v Phala (JR2178/05) [2007] ZALC 13; (2007) 28 ILJ 1335 (LC) (7 March 2007)

The court found that the commissioner committed gross irregularity by excessively intervening in the arbitration proceedings, effectively cross-examining witnesses and thereby creating a reasonable apprehension of bias. The commissioner failed to resolve irreconcilable versions, did not make findings on credibility, reliability, or probabilities, and neglected to address procedural fairness. The award was not rationally connected to the evidence or reasons given. As a result, the arbitration award was reviewed and set aside, and the matter was referred for a hearing de novo before a different commissioner.

Citation
[2007] ZALC 13
Parties
Applicant: Vodacom Service Provider Company (Pty) Ltd; Respondent: Phala, M; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Allison Beth Kalaouov
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 March 2007
Case Number
JR2178/05
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application granted. Arbitration award reviewed and set aside. Matter referred for hearing de novo before a different commissioner. No order as to costs.
Judges
Francis
Legal Topics
Unfair Dismissal, Sexual Harassment, Arbitration Review, Procedural Fairness, Substantive Fairness
Labour Law Civil Procedure Unfair Dismissal Sexual Harassment Arbitration Review Procedural Fairness Substantive Fairness

Case Brief

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Parties

Vodacom Service Provider Company (Pty) Ltd

Applicant

Phala, M

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Allison Beth Kalaouov

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the commissioner committed gross irregularity in the conduct of the arbitration proceedings.
  2. 2 Whether the commissioner failed to resolve irreconcilable versions and make findings on credibility, reliability, and probabilities.
  3. 3 Whether the commissioner failed to address procedural fairness in the dismissal.

Ratio Decidendi

The court found that the commissioner committed gross irregularity by excessively intervening in the arbitration proceedings, effectively cross-examining witnesses and thereby creating a reasonable apprehension of bias. The commissioner failed to resolve irreconcilable versions, did not make findings on credibility, reliability, or probabilities, and neglected to address procedural fairness. The award was not rationally connected to the evidence or reasons given. As a result, the arbitration award was reviewed and set aside, and the matter was referred for a hearing de novo before a different commissioner.

Court Disposition

Application granted. Arbitration award reviewed and set aside. Matter referred for hearing de novo before a different commissioner. No order as to costs.

Orders

  • The arbitration award made by the first respondent on 15 July 2004 under case number GA34464/04 is reviewed and set aside.
  • The matter is referred to the second respondent for a hearing de novo by a commissioner other than the first respondent.