Cases listed under subject matter

Arbitration

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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.

Association of Mineworkers and Construction Union obo Sebalela Agreement and Others v Fraser Alexander (Pty) Ltd (JS 369/2020) [2023] ZALCJHB 95 (11 April 2023)

Where a CCMA arbitration award already exists, that must first be set aside before the Labour Court can arbitrate under s158(2)(b) of the LRA. And the Court may not mero motu exercise a discretion to sit as arbitrator.

Austin-Day v ABSA Bank Ltd and Others (PA02/2020) [2022] ZALAC 6 (8 March 2022)

An arbitration award is final and binding, and the CCMA cannot revisit the process of resolving a dispute which it had already resolved through arbitration.

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.

Bidvest Protea Coin (PTY) Ltd v SATAWU and Others (JA105/2021) [2022] ZALAC 122 (29 November 2022)

Nothing bars a commissioner from adopting an inquisitorial approach in an arbitration to reach the merits of the real dispute between the parties.

Buscor (PTY) Ltd v Ntimbana and Others (JA104/2021) [2022] ZALAC 121 (29 November 2022)

In the absence of the record on which an arbitrator based findings, a reviewing court may not conclude only on the basis of the award that witnesses have been dishonest.

Commercial Stevedoring Agricultural & Allied Workers Union obo Van Wyk v Commision for Conciliation, Mediation and Arbitration and Others (C503/2020) [2023] ZALCCT 33 (21 June 2023)

In deciding whether misconduct has been established, there must be a rational objective basis justifying the arbitrator's conclusions.

Commercial Stevedoring Agricultural & Allied Workers Union obo Van Wyk v Commision for Conciliation, Mediation and Arbitration and Others (C503/2020) [2023] ZALCCT 33 (21 June 2023)

Commissioners are not expected to merely sit back and allow the parties to present their cases and not guide them to the real issues to be determined. Intervention may be necessary.

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.

Exxaro Coal (Pty) Ltd v Chipana and Others (JA161/17) [2019] ZALAC 52 (27 June 2019)

S138(1) of the LRA gives a commissioner a discretion how to conduct an arbitration, and does not imply that hearsay may arbitrarily received or excluded. The judgment provides 6 safeguards in dealing with hearsay evidence.

Gerber v Stanlib Asset Management (Pty) Ltd (JA92/20) [2021] ZALAC 51 (13 December 2021)

Where a letter of appointment incorporates the terms of a disciplinary code and an employee handbook, an employee is bound by the incorporated policies.

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.

Lyttleton Dolomite (Pty) Ltd v NUM obo Lekgau and Others (JR288/18) [2020] ZALCJHB 132 (11 August 2020)

An arbitrator may commit a gross irregularity where under a duty to 'lend a helping hand' to an inexperienced representative and then fails to do so.

Lyttleton Dolomite (Pty) Ltd v NUM obo Lekgau and Others (JR288/18) [2020] ZALCJHB 132 (11 August 2020)

For a commissioner to only make a ruling on admissibility of evidence at the award stage, would be unfair.

Naidoo v Liberty Holdings (JR558/16) [2019] ZALCJHB 56 (19 March 2019)

The CCMA may have no jurisdiction to hear a dispute where the employee is contractually bound to refer the dispute to private arbitration.

Nampak Divfoods (Pty) Ltd v Dlamini and Others (D727/2021) [2024] ZALCD 13 (6 May 2024)

An arbitrator commits a gross irregularity when under a duty to lend a 'helping hand' to parties and then fails to do so.

Nampak Divfoods (Pty) Ltd v Dlamini and Others (D727/2021) [2024] ZALCD 13 (6 May 2024)

An arbitrator commits a gross irregularity if s/he does not rule timeously during the arbitration hearing on the admissibility of evidence, particularly hearsay evidence.

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.

Nkomati Joint Venture v CCMA & Others (JA 155/2017) [2018] ZALAC 53; (2019) 40 ILJ 819 (LAC) (12 December 2018)

An arbitrator commits a gross irregularity when under a duty to lend a helping hand to parties in accordance with the CCMA Guidelines, and then fails to do so.

Passenger Rail Authority of South Africa v Tale N.O and Others (JR272/21) [2023] ZALCJHB 199 (29 June 2023)

A Court on review should be disinclined to interfere with an arbitrator's credibility findings, unless they were not supported by the evidence as shown from the record

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.

Saldanha Bay Local Municipality v Mutusa obo R Hendricks and Others (C99/2020) [2022] ZALCCT 17; (2022) 43 ILJ 1872 (LC); [2022] 9 BLLR 834 (LC) (23 March 2022)

An arbitrator disallowing proper questioning or interfering during cross examination constitutes an irregularity. If this deprives one of the parties of a fair hearing of their case, the arbitrator's award will be reviewable.

Satani v Department of Education, Western Cape and Others (CA10/15) [2016] ZALAC 38; (2016) 37 ILJ 2298 (LAC) (13 June 2016)

Whilst commissioners may conduct arbitrations in a manner they deem appropriate, they must guard against an intervention that is likely to suggest bias in favour of one of the parties.

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.

Working On Fire (Pty) Ltd v National Union of Metalworkers of South Africa (NUMSA) and Others (DA5/2021) [2022] ZALAC 114 (21 October 2022)

In the context of a wage dispute referred to an interest arbitration, the question for the reviewing court was not whether the award was wrong, but whether the award was reasonable.