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Arbitration - nature of



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Anglo Operations Ltd (Kriel Colliery) v CCMA & Others (JR 1869/2011) [2013] ZALCJHB 321; (2014) 35 ILJ 1520 (LC); [2014] 7 BLLR 719 (LC) (10 December 2013)

The LAC has sounded a cautionary note about too readily imputing a duty on arbitrator's to intervene and assist parties in presenting their case.

Bafokeng Rasimone Platinum Mine v CCMA & Others (JR1734/03) [2006] ZALC 38 (10 February 2006)

Whereas there is a duty on arbitrators to provide guidance and assistance to litigants, care should be taken not to straddle the fine line between legitimate intervention and advancing one party's case at the expense of the other.

Ekurhuleni Metropolitan Municipality v South African Municipality Workers Union (JA12/13) [2014] ZALAC 61 (23 October 2014)

If the main issue in dispute is the interpretation and application of a collective agreement, it must, in terms of section 24 be resolved by conciliation, failing that arbitration.

Hospersa obo Tshambi v Department of Health, KwaZulu-Natal (DA1/2015) [2016] ZALAC 10 (24 March 2016)

An arbitrator is required to determine the true dispute between the parties based on the facts of the case.

Nitrophoska (Pty) Ltd v CCMA & others (LC Case: C109/2010; Date of judgment: 4 March 2011)

Allowing an employee to state a case in response to allegations need not be a formal enquiry; there should be dialogue and an opportunity for reflection before any decision is taken to dismiss.

Pioneer Foods (Pty) Ltd t/a Sasko Milling & Bakery (Duens Bakery) v CCMA & others (LC Case no C 265/10, Date of judgment: 11 March 2011)

A commissioner does not act outside of his/her powers by proceeding with the arbitration immediately after certifying that the dispute remains unresolved, but retains a discretion to adjourn or postpone the proceedings after that.

Scholtz v CCMA and Others (C675/2014) [2015] ZALCCT 45 (25 June 2015)

When a commissioner enters into the merits of a dispute before the end of the arbitration, thus inducing a party to settle, it may be a reviewable irregularity.

South African Breweries Limited v CCMA & others ZALAC CA 13/2012 30 May 2014

A Commissioner must come to an independent decision on whether the employer's decision was fair. Dishonesty and lack of remorse are not decisive factors and must be balanced against all other factors.

Van Wyk and Mndeni Meat & another (2003) 24 ILJ 1033 (CCMA)

A CCMA arbitration is a hearing de novo at which the employer can correct shortcomings in evidence tendered at the disciplinary enquiry by producing other evidence to prove the allegations.