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[2009] ZALCD 21
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Miya v Kalaparsad t/a Nikiels Coach Tours and Others (D426/08) [2009] ZALCD 21 (9 February 2009)
IN
THE LABOUR COURT OF SOUTH AFRICA
HELD
AT DURBAN
CASE
NO
:D426/08
DATE
:9
FEBRUARY 2009
In
the matter between
BUHLE
ZAMOKWAKHE
MIYA
Applicant
and
A
KALAPARSAD T/A NIKIELS COACH
TOURS
First Respondent
COMMISSION
FOR CONCILIATION,
MEDIATION
AND ARBITRATION
Second Respondent
COMMISSIONER
HILDA GROBLER
Third
Respondent
JUDGMENT
PILLAY
D, J
This
is an application to review and set aside the award of the third
respondent commissioner. The principle complaint against
the
award is that the commissioner did not allow the applicant a fair
opportunity to cross examine the first respondent, the
employer.
The
Court has debated at length the evidence from the transcripts with Mr
Jafta who appears for the applicant, and it has not found
any
evidence to support the contention that the arbitrator interfered
unduly with the applicant’s cross examination.
The
arbitrator was keen to hold the parties to her terms of reference and
to that extent steered the proceedings.
Furthermore,
it is not enough for the applicant to say that he was prevented from
asking a question. The applicant has to
go further and say that
he might have shown that the employer was lying. That case has
not been made out in the pleadings.
The applicant has failed to
establish that in the circumstances of this case, the arbitrator’s
interventions in the proceedings
impeded his cross examination
unfairly. The application for review is dismissed.
___________
Pillay
D, J
Date
of Editing: 22 May 2009
Appearances:
For
the Applicant: Mr Jafta – Jafta
Inc
For
the Respondent: No Appearance
IN
THE HIGH COURT OF SOUTH AFRICA
DURBAN
AND COAST LOCAL DIVISION
HELD
AT DURBAN
CASE
NO
:
D426/08
DATE
:
In
the matter between
BUHLE
ZAMOKWAKHE
MIYA
Applicant
and
A
KALAPARSAD T/A NIKIELS COACH
TOURS
Respondent
BEFORE
THE HONOURABLE MADAM JUSTICE PILLAY
ON
BEHALF OF APPLICANT
:
MR JAFTA
REPORT ON
RECORDING
Clear recording.
TRANSCRIBER’S
CERTIFICATE
This
is, to the best abilities of the transcriber, a true and correct
transcript of the proceedings,
where
audible
, recorded by means of a
mechanical recorder in the matter:
B
Z MIYA v A KALAPARSAD t/a NIKIELS COACH TOURS
CASE
NO
:
D426/08
COURT
OF ORIGIN
:
DURBAN
TRANSCRIBER
:
MRS S M BOYCE
DATE
COMPLETED
:
10 MARCH 2009
NO
OF TAPES
:
CD
NO
OF PAGES
:
44