Waverley Blankets v Commission for Conciliation Mediation and Arbitration and Others (P70/2000) [2000] ZALC 79 (12 August 2000)

Waverley Blankets v Commission for Conciliation Mediation and Arbitration and Others (P70/2000) [2000] ZALC 79 (12 August 2000)

The court found that the arbitrator's conduct amounted to a gross irregularity. The arbitrator delayed six months in rendering his award, failed to properly consider unchallenged evidence, ignored credibility issues, and relied on facts not put to the applicant's witnesses. These failures prevented a fair trial of the issues and rendered the award unjustifiable and unreasonable. The delay compounded the arbitrator's inability to apply his mind to the evidence, resulting in an injustice. The award was set aside and the matter referred for rehearing before another arbitrator.

Citation
[2000] ZALC 79
Parties
Applicant: Waverley Blankets; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Ngcola Hempe N.O.; Respondent: National Clothing and Textile Workers' Union of South Africa; Respondent: Shephard Sokujika
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
12 August 2000
Case Number
P70/2000
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award was set aside and the matter referred back for rehearing before another arbitrator.
Judges
E Revelas
Legal Topics
Review of Arbitration Award, Gross Irregularity, Unfair Dismissal, Delay in Award, Credibility of Evidence
Labour Law Review of Arbitration Award Gross Irregularity Unfair Dismissal Delay in Award Credibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Waverley Blankets

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Ngcola Hempe N.O.

Respondent

National Clothing and Textile Workers' Union of South Africa

Respondent

Shephard Sokujika

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 delay in rendering the arbitration award constituted misconduct or a denial of a fair hearing.
  3. 3 Whether the arbitrator failed to properly consider and apply the evidence and credibility issues.

Ratio Decidendi

The court found that the arbitrator's conduct amounted to a gross irregularity. The arbitrator delayed six months in rendering his award, failed to properly consider unchallenged evidence, ignored credibility issues, and relied on facts not put to the applicant's witnesses. These failures prevented a fair trial of the issues and rendered the award unjustifiable and unreasonable. The delay compounded the arbitrator's inability to apply his mind to the evidence, resulting in an injustice. The award was set aside and the matter referred for rehearing before another arbitrator.

Court Disposition

The arbitration award was set aside and the matter referred back for rehearing before another arbitrator.

Orders

  • The award of the second respondent (the Arbitrator) is set aside.
  • The matter is referred back to the Commission for Conciliation, Mediation and Arbitration to be heard before another arbitrator.