Tarman Group Holdings (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR926/24)
Tarman Group Holdings (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR926/24) [2025] ZALCJHB 160 (24 April 2025)
The Commissioner’s refusal to rescind the arbitration award was unreasonable. The employer had filed a valid objection to the con/arb process, and the arbitration proceeded in its absence due to the Commissioner’s lack of awareness of the objection. Section 144(a) of the Labour Relations Act permits rescission where an award is made erroneously in the absence of a party, and the Commissioner accepted the employer’s explanation for default. The Commissioner’s focus on the procedural wording of the dismissal letter was misplaced, as the substantive issue was the admitted misconduct and the empl…
Source excerpt
- Unfair Dismissal
- Rescission Of Award
- Con Arb Objection
- Review Of Ccma Decision