Bytes Managed Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2212/16)
Bytes Managed Solutions (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR2212/16) [2019] ZALCJHB 203 (19 August 2019)
The court found that the arbitrator committed a gross irregularity by refusing the applicant a reasonable postponement to obtain legal representation, which the applicant was entitled to under the CCMA Rules. Although the applicant's substantive case was not strong, the denial of a fair hearing warranted setting aside the arbitration award. The court also noted that the arbitrator failed to consider whether an appropriate cost award could have remedied any inconvenience caused by the postponement. The matter was remitted for rehearing before a different commissioner.
Source excerpt
- Retrenchment Procedure
- Procedural Fairness
- Legal Representation At Arbitration
- Postponement Of Arbitration
- Compensation Award