Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015)
Francis Baard District Municipality v Rex N.O. and Others (JR1000/2011, JA29/2015) [2016] ZALAC 33; [2016] 10 BLLR 1009 (LAC); (2016) 37 ILJ 2560 (LAC) (28 June 2016)
The Labour Appeal Court held that the missing parts of the arbitration record were material to the grounds of review, which challenged the factual findings of the commissioner. The appellant failed to take all reasonable steps to reconstruct the record, including not approaching the arbitrator or other parties for assistance. The court found that without the missing evidence, it was impossible to fairly adjudicate the review application. The Labour Court exercised its discretion judiciously in dismissing the application, prioritizing the employee's right to speedy dispute resolution over the…
Source excerpt
- Review Of Arbitration Award
- Incomplete Record
- Reconstruction Of Evidence
- Right To Fair Hearing
- Dismissal Of Review Application