Maphosa v Trinity Maintenance Group (Pty) Ltd (JR609/23)
Maphosa v Trinity Maintenance Group (Pty) Ltd (JR609/23) [2024] ZALCJHB 250 (22 February 2024)
The court found that the commissioner failed to properly evaluate and assess the evidence presented during arbitration, particularly regarding the authenticity and admissibility of photographic evidence and the credibility of witness statements. The commissioner overlooked material evidence, failed to apply the correct legal principles on the law of evidence, and did not provide a fair assessment of conflicting versions. These failures constituted gross irregularity and resulted in an unreasonable outcome. The arbitration award was therefore reviewable and had to be set aside. The dispute was…
Source excerpt
- Unfair Dismissal
- Review Of Arbitration Award
- Credibility Of Evidence
- Admissibility Of Photographs