South Africa Case Law

Modikwa Platinum Mine (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (LC)

Modikwa Platinum Mine (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (LC) [2012] ZALCJHB 5; [2012] 6 BLLR 578 (LC); (2012) 33 ILJ 1733 (LC) (19 January 2012)

Court

Labour Court Johannesburg

Case number

JR 1207/06

Judge

Seedat AJ

The commissioner committed a gross irregularity by refusing to accept the applicant's valid objection to the con-arb process, as section 191(5A)(c) of the LRA makes it clear that arbitration may only proceed immediately if no party objects. The commissioner further misdirected himself by refusing a short adjournment to allow the applicant to bring witnesses, a decision that was unreasonable and not justified by any prejudice to the other party. The refusal to adjourn did not meet the proper test for adjournment, as no irreparable harm would have resulted. Accordingly, the arbitration award wa…

Source excerpt

• Unfair Dismissal
• Con Arbitration
• Commissioner Discretion
• Adjournment
• Gross Irregularity

Pioneer Foods v CCMA (C 265/10)

Pioneer Foods v CCMA (C 265/10) [2011] ZALCCT 7; [2011] 8 BLLR 771 (LC) (11 March 2011)

Court

Labour Court Cape Town

Case number

C 265/10

Judge

Steenkamp

Section 191(5A) of the LRA is peremptory in requiring the commissioner to commence arbitration immediately after certifying that the dispute remains unresolved if no party objects to con-arb. The commissioner does not have discretion to adjourn before commencing arbitration, but retains discretion to adjourn after commencement for fairness. In this case, the commissioner satisfied himself that proper notice was given and proceeded in absentia. However, he failed to consider a request for postponement made by the employer's representative, which was unreasonable given the employer's bona fide…

Source excerpt

• Unfair Dismissal
• Con Arbitration
• Absence Of Party
• Postponement Of Arbitration
• Commissioner Discretion

Pioneer Foods t/a Sasko Milling and Baking (Duens Bakery) v Commission for Conciliation Mediation and Arbitration and Others (C 265/10)

Pioneer Foods t/a Sasko Milling and Baking (Duens Bakery) v Commission for Conciliation Mediation and Arbitration and Others (C 265/10) [2011] ZALCCT 62 (11 March 2011)

Court

Labour Court Cape Town

Case number

C 265/10

Judge

Steenkamp

The Labour Court held that a commissioner may commence arbitration after con-arb conciliation, but must fairly consider a postponed hearing request.

• Con Arbitration
• Unfair Dismissal
• Commissioner Discretion
• Postponement Of Arbitration
• Procedural Fairness
• Con-arbitration