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[2010] ZALCJHB 59
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Mankwe v Nowosenetz and Others (JR483/06) [2010] ZALCJHB 59 (29 July 2010)
IN THE LABOUR COURT OF
SOUTH AFRICA
HELD
AND BRAAMFONTEIN
CASE
NO
: JR 483/06
HEARD
AND DELIVERED
: 2009.09.16
EDITED:
29 JULY 2010
NOT REPORTABLE
In
the matter between
MOTHIBE
A
MANKWE
Applicant
And
COMMISSIONER
NOWOSENETZ
First
Respondent
CCMA
PRETORIA Second
Respondent
CLICKS
STORES
Third
Respondent
J U D G M E N T
PILLAY
D, J
:
This
is an application to review and set aside the award of the first
respondent commissioner. The test set in
Sidumo
& Another v Rustenburg Platinum Mines Ltd & Others
2007 12 BLLR 1097
CC applies. That test is
that an award is reviewable if the decision reached by the
commissioner is one that a reasonable
decision maker could not reach.
In
this case the commissioner was faced with conflicting facts. He
had to make a credibility finding. He preferred the
evidence of
the third respondent employer. The applicant employee’s
evidence was substantially uncorroborated.
The award itself is
rational and reasonable.
It
meets the
Sidumo
test in that it is a reasonable award that could be reached by a
commissioner.
The
application for a review is dismissed with costs.
Pillay
D
Judge
Appearances:
For
Applicant:
Retail and Allied Workers Union: Mr Khoza
For
Respondent: Adv M J Van As :
Instructed by Deneys Reitz