South Africa Case Law

Pioneer Foods (Pty) Ltd t/a Essential Foods v Shear N.O. (JA21/22)

Pioneer Foods (Pty) Ltd t/a Essential Foods v Shear N.O. (JA21/22) [2024] ZALAC 46; (2025) 46 ILJ 344 (LAC) (18 October 2024)

Court

Labour Appeal Court

Case number

JA21/22

Judges

Molahlehi DJP, Smith AJA, Malindi AJA

The Labour Appeal Court held that the arbitrator did not commit misconduct or a gross irregularity in the conduct of the proceedings. The arbitrator was not biased and did not deprive the appellant of a fair hearing. The appellant conceded that its evidence was hearsay but failed to lay the necessary foundation or apply for its admission in terms of the Law of Evidence Amendment Act. The arbitrator was under no obligation to admit hearsay evidence without such an application. The employees' evidence was uncontroverted and reasonably probable, and the arbitrator's interventions did not amount…

Source excerpt

• Hearsay Evidence
• Arbitrator Bias
• Review Of Arbitration Award
• Admissibility Of Evidence
• Reasonable Apprehension Of Bias

Saldanha Bay Local Municipality v Mutusa obo R Hendricks and Others (C99/2020)

Saldanha Bay Local Municipality v Mutusa obo R Hendricks and Others (C99/2020) [2022] ZALCCT 17; (2022) 43 ILJ 1872 (LC); [2022] 9 BLLR 834 (LC) (23 March 2022)

Court

Labour Court Cape Town

Case number

C99/2020

Judge

P Nkutha-Nkontwana

The arbitrator's conduct during the arbitration proceedings exceeded the boundaries of acceptable inquisitorial intervention and evoked a reasonable apprehension of bias in favour of Ms Hendricks. The arbitrator interfered with cross-examination, distorted evidence, and expressed personal opinions, thereby depriving the Municipality of a fair hearing. The test is not whether the outcome was reasonable, but whether the arbitrator misconceived the nature of the enquiry and denied the parties a fair hearing. The award is vitiated by gross irregularity and must be set aside. The matter cannot be…

Source excerpt

• Unfair Labour Practice
• Promotion Dispute
• Arbitrator Bias
• Review Of Arbitration
• Procedural Fairness

Cash Paymaster Services (Proprietary) Limited v Hlatswako NO and Others (JR906/13)

Cash Paymaster Services (Proprietary) Limited v Hlatswako NO and Others (JR906/13) [2017] ZALCJHB 217 (6 June 2017)

Court

Labour Court Johannesburg

Case number

JR906/13

Judge

M Baloyi

The Labour Court found that the CCMA arbitrator’s conduct showed bias and that reinstatement exceeded her powers, so the award was set aside.

• Arbitrator Bias
• Review Of Arbitration Award
• Unfair Dismissal
• Remedies For Unfair Dismissal
• Procedural Fairness
• Arbitrator-bias

Seabelo v Mthembu NO and Others (JR503/14)

Seabelo v Mthembu NO and Others (JR503/14) [2017] ZALCJHB 16 (20 January 2017)

Court

Labour Court Johannesburg

Case number

JR503/14

Judge

Steenkamp

The court found that the applicant failed to discharge the onus of proving an unfair labour practice in the form of demotion. The arbitrator carefully considered the evidence and reached a reasonable conclusion that the applicant had voluntarily accepted her lateral transfer and was bound by her election. No evidence of bias was presented, and the arbitrator's refusal to recuse himself was justified. The award passes the Sidumo test for reasonableness and is not reviewable.

Source excerpt

• Unfair Labour Practice
• Demotion
• Onus Of Proof
• Arbitrator Bias
• Review Of Arbitration Award

Bafokeng Rasimone Platinum Mine (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (JR 2296/12)

Bafokeng Rasimone Platinum Mine (Pty) Ltd v Commission for Conciliation, Mediation And Arbitration and Others (JR 2296/12) [2015] ZALCJHB 350 (12 October 2015)

Court

Labour Court Johannesburg

Case number

JR 2296/12

Judge

Lagrange

Leave to appeal was refused in a labour review matter. The court held that the proposed grounds would not change the outcome and dismissed the application with costs.

• Review Of Arbitration Award
• Leave To Appeal
• Costs Award
• Admission Of Affidavit
• Arbitrator Bias
• Leave-to-appeal

Kroon and Another v Rens and Another (1331/2011)

Kroon and Another v Rens and Another (1331/2011) [2012] ZAECGHC 49 (14 June 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

1331/2011

Judge

J.E Smith

The court found that the arbitrator, Rens, failed to disclose his prior advisory relationship with Hawkins, which created a reasonable apprehension of bias in the eyes of the applicants. This omission constituted misconduct under section 33(1) of the Arbitration Act. Additionally, Rens' amendments to the award after becoming functus officio and his decision to ignore the express terms of the contract in favour of an arbitrary method further supported the applicants' grounds for review. The court held that the statutory requirements for setting aside the award were met and that the applicants'…

Source excerpt

• Arbitration Review
• Arbitrator Bias
• Misconduct In Arbitration
• Contractual Amendment
• Functus Officio

Raswiswi v Commission for Conciliation Mediation and Arbitration and Others (JR 3121/09)

Raswiswi v Commission for Conciliation Mediation and Arbitration and Others (JR 3121/09) [2011] ZALCJHB 20; [2011] 9 BLLR 911 (LC); (2011) 32 ILJ 2186 (LC) (22 March 2011)

Court

Labour Court Johannesburg

Case number

JR 3121/09

Judge

Lagrange

The Labour Court reviewed and set aside a CCMA award after finding the commissioner’s conduct created a reasonable apprehension of bias and denied a fair hearing.

• Arbitrator Bias
• Review Of Arbitration Award
• Gross Irregularity
• Natural Justice
• Fair Hearing
• Arbitrator-bias