Kgobokoe v Commission for Conciliation Mediation and Arbitration and Others (JR1260/08)
Kgobokoe v Commission for Conciliation Mediation and Arbitration and Others (JR1260/08) [2011] ZALCJHB 133; (2012) 33 ILJ 235 (LC) (29 June 2011)
The court found that the applicant did not sign the notice of withdrawal voluntarily, but did so under undue pressure from the commissioner and based on mistaken beliefs regarding settlement. The commissioner acted unreasonably in refusing a postponement and insisting on withdrawal, especially when settlement negotiations were ongoing and not reduced to writing. The evidence showed that the applicant, as a lay person, was misled into believing the matter was resolved, and the subsequent refusal to reinstate the arbitration was irrational. The court held that, even if the withdrawal had been v…
Source excerpt
- Withdrawal Of Dispute
- Review Of Ccma Decision
- Doctrine Of Election
- Reinstatement Of Arbitration
- Gross Irregularity
- Unfair Dismissal