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[2002] ZALCJHB 16
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Sekgopo v Moyo and Others (JR789/01) [2002] ZALCJHB 16 (5 March 2002)
[COMMENT1]
Sneller
Verbatim/HVDM
IN THE LABOUR COURT OF
SOUTH AFRICA
BRAAMFONTEIN
CASE
NO: JR789/01
DATE:
2002-03-05
In the matter between
A
SEKGOPO
Applicant
and
COMMISSIONER MOYO
B
1
ST
Respondent
THE COMMISSION FOR
CONCILIATION,
MEDIATION AND
ARBITRATION
2
ND
Respondent
CSC HEALTH &
HYGIENE SERVICES
3
RD
Respondent
J
U D G M E N T
Delivered
on 5 March 2002
REVELAS
J
:
1.
This is an application to review an award made by the first
respondent to the effect that he had
no jurisdiction to entertain the
dispute which was referred to the second respondent.
2.
It is difficult for me to follow the reasoning, in the arbitration
award. One of the findings
made was that the dispute was
referred after the dismissal. This does not seem to be borne out by
the facts.
3.
Justice would be best served if I interfered in this arbitration
award and refer it back to the
Commission for Conciliation, Mediation
and Arbitration (“CCMA”), because the finding is not
rationally connected to
the facts. I am unable to substitute the
findings of the arbitrator with my own.
4.
The award is set aside and the dispute is referred back to the CCMA
to be arbitrated afresh before
a different commissioner.
________________
E.
Revelas
[COMMENT1]
BEGIN
DEUR 'N "HEADER" TE MAAK