South Africa Case Law

South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others (C520/2020)

South African Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others (C520/2020) [2023] ZALCCT 12; [2023] 7 BLLR 692 (LC); (2023) 44 ILJ 1603 (LC) (3 April 2023)

Court

Labour Court Cape Town

Case number

C520/2020

Judge

H Rabkin-Naicker

The Court found that the Commissioner’s conduct during the arbitration proceedings went beyond permissible clarification of evidence. She elicited evidence, led the witness, and repeatedly intervened in a manner that created a perception of bias and undermined the fairness of the process. The Commissioner’s approach was intrusive and failed to maintain the necessary balance between informality and fairness required by section 138 of the LRA. The transcript revealed that the Commissioner did not ensure a fair trial of the issues, amounting to a gross irregularity. The award was therefore susce…

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• Arbitration Review
• Procedural Fairness
• Commissioner Bias
• Unfair Dismissal

Route Management (Pty) Ltd v Goldschmidt, Sean N.O and Others (C120/2019)

Route Management (Pty) Ltd v Goldschmidt, Sean N.O and Others (C120/2019) [2022] ZALCCT 14 (8 April 2022)

Court

Labour Court Cape Town

Case number

C120/2019

Judge

Haffegee

Labour Court dismissed a review of an unfair-dismissal award, holding the commissioner’s decision on a zero-tolerance alcohol policy was reasonable.

• Unfair Dismissal
• Zero Tolerance Policy
• Breathalyser Testing
• Substantive Fairness
• Commissioner Bias
• Review Of Arbitration Award

Irene Country Club v Commissioner for Conciliation, Mediation and Arbitration and Others (JR 07/2020)

Irene Country Club v Commissioner for Conciliation, Mediation and Arbitration and Others (JR 07/2020) [2021] ZALCJHB 209 (26 July 2021)

Court

Labour Court Johannesburg

Case number

JR 07/2020

Judge

N Cassim

The court found that the commissioner failed to engage with the real issue and disregarded substantial material evidence presented by the applicant. The reasoning of the commissioner reflected bias, and the probabilities supported a finding of theft caused by fraudulent conduct. Given these procedural irregularities, the court held that the arbitration award must be reviewed and set aside. The matter was remitted to the CCMA for a de novo hearing before a different commissioner to ensure procedural fairness. The court declined to substitute its own findings due to the absence of the fourth re…

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• Review Of Arbitration Award
• Remittal For De Novo Hearing
• Procedural Fairness
• Commissioner Bias

Simba v Mothoka's Trading and Others (JR1384/10)

Simba v Mothoka's Trading and Others (JR1384/10) [2015] ZALCJHB 383 (29 October 2015)

Court

Labour Court Johannesburg

Case number

JR1384/10

Judge

Snider

The court found that the commissioner failed to conduct the arbitration in a fair and impartial manner, descending into the arena, badgering the applicant, and making xenophobic and disrespectful comments. The commissioner did not properly consider relevant evidence, including the applicant's complaints about underpayment and the circumstances surrounding the non-renewal of the contract. The first respondent did not lead any evidence to contradict the applicant's version. The conduct of the commissioner violated the principles of natural justice and audi alteram partem, rendering the award re…

Source excerpt

• Unfair Dismissal
• Fixed Term Contracts
• Reasonable Expectation
• Commissioner Bias
• Audi Alteram Partem
• Xenophobia In Labour Disputes

Modikwa Mining Personnel Services v Commission for Conciliation Mediation and Arbitration and Others (JR1904/2010)

Modikwa Mining Personnel Services v Commission for Conciliation Mediation and Arbitration and Others (JR1904/2010) [2012] ZALCJHB 61 (29 June 2012)

Court

Labour Court Johannesburg

Case number

JR1904/2010

Judge

Gaibie

The Labour Court reviewed and set aside an arbitration award after finding that the employee had uttered a racist slur and that the commissioner mishandled the evidence.

• Unfair Dismissal
• Racist Remarks
• Arbitration Review
• Commissioner Bias
• Disciplinary Code
• Labour-law

South African Revenue Services v Commission for Conciliation Mediation And Arbitration and Others (JR1516/07)

South African Revenue Services v Commission for Conciliation Mediation And Arbitration and Others (JR1516/07) [2010] ZALCJHB 18 (7 April 2010)

Court

Labour Court Johannesburg

Case number

JR1516/07

Judge

Molahlehi

The court found that the commissioner applied his mind to the facts and circumstances, and his conclusion that the dismissal was unfair was reasonable. The commissioner considered whether the employment relationship had broken down and found insufficient evidence to justify dismissal. The applicant failed to demonstrate that discipline was applied consistently or that the relationship was irretrievably broken. The allegations of bias and gross irregularity against the commissioner were unfounded, as the record showed impartial conduct. The commissioner’s award was not vitiated by material err…

Source excerpt

• Unfair Dismissal
• Insubordination
• Procedural Fairness
• Commissioner Bias
• Inconsistency In Discipline

Rowans Construction v Commission for Conciliation Mediation And Arbitration and Others (JR229/01)

Rowans Construction v Commission for Conciliation Mediation And Arbitration and Others (JR229/01) [2002] ZALCJHB 25 (3 August 2002)

Court

Labour Court Johannesburg

Case number

JR229/01

Judge

E Revelas

The Labour Court set aside an unopposed CCMA review award after finding apparent bias and gross misconduct by the arbitrator, and ordered a fresh arbitration.

• Unfair Dismissal
• Arbitration Review
• Commissioner Bias
• Recusal Application
• Labour-law
• Unfair-dismissal

Ellerine Holdings Limited v Commissioner for Conciliation Mediation and Arbitration and Others (J3336/99)

Ellerine Holdings Limited v Commissioner for Conciliation Mediation and Arbitration and Others (J3336/99) [2001] ZALC 150; (2002) 23 ILJ 1282 (LC) (26 September 2001)

Court

Labour Court

Case number

J3336/99

Judge

Waglay

Labour Court review of a CCMA award: late filing issues, section 136(3) objection, and referral for fresh arbitration before a different commissioner.

• Condonation Of Late Filing
• Review Of Arbitration Award
• Commissioner Bias
• Jurisdiction Of Ccma
• Procedural Irregularity
• Condonation-of-late-filing

Toy Mania (Pty) Ltd v Commission for Conciliation, Mediation and Others (J1550/98)

Toy Mania (Pty) Ltd v Commission for Conciliation, Mediation and Others (J1550/98) [1998] ZALC 90 (28 October 1998)

Court

Labour Court

Case number

J1550/98

Judge

R M M Zondo

Review of a CCMA arbitration award dismissed where the employer failed to substantiate allegations of bias, irregularity, or misconduct by the commissioner.

• Unfair Dismissal
• Arbitration Review
• Commissioner Bias
• Compensation Award
• Labour-law
• Ccma-review

Mutual and Federal Insurance Co. Ltd v Commission for Conciliation, Mediation and Arbitration and Others (J533/97)

Mutual and Federal Insurance Co. Ltd v Commission for Conciliation, Mediation and Arbitration and Others (J533/97) [1997] ZALC 9 (19 November 1997)

Court

Labour Court

Case number

J533/97

Judge

Jali

The court found that the commissioner committed gross irregularities by denying the applicant's representative the opportunity to cross-examine the employee on contradictory evidence and to present closing argument, despite having raised an expectation that such opportunity would be afforded. These procedural defects prejudiced the applicant and undermined the fairness of the arbitration. Furthermore, the commissioner's remarks and conduct created a reasonable perception of bias in the mind of a lay litigant. The court held that these irregularities were sufficient to set aside the arbitratio…

Source excerpt

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Commissioner Bias