Protech Khuthele (Pty) Ltd and Another v Wabile NO and Others (JR 179/11)
Protech Khuthele (Pty) Ltd and Another v Wabile NO and Others (JR 179/11) [2012] ZALCJHB 168; (2013) 34 ILJ 1246 (LC) (12 October 2012)
The court held that the commissioner’s prior association with SACCAWU, a COSATU affiliate, did not create a reasonable apprehension of bias in arbitration proceedings involving NUM, another COSATU affiliate. There was no direct relationship between the commissioner and NUM, nor did the subject matter of the arbitration arise from the commissioner’s prior employment or SACCAWU’s affiliation. The mere fact of shared trade union federation membership is insufficient to establish bias. The commissioner was not obliged to disclose his prior association, as it was not reasonably relevant to a recus…
Source excerpt
- Recusal Of Commissioner
- Apprehension Of Bias
- Trade Union Affiliation
- Arbitration Review
- Ccma Code Of Conduct