Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09) [2011] ZALCJHB 267 (25 November 2011)

40 Reportability

Brief Summary

Labour Law — Arbitration — Review of arbitration award — Applicant sought to review an arbitration award made by the Motor Industry Bargaining Council — Dispute arose from the dismissal of an employee represented by a trade union — Legal issue centered on the procedural fairness of the arbitration process and the sufficiency of the evidence presented — Court held that the arbitration award was not reviewable as it fell within the bounds of reasonable decision-making, and the applicant failed to demonstrate any irregularities that would warrant interference with the award.

About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Johannesburg Labour Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: Johannesburg Labour Court, Johannesburg
>>
2011
>>
[2011] ZALCJHB 267
|

|

Cargo Motors (Pty) Ltd v Hyser NO and Others (JR1017/09) [2011] ZALCJHB 267 (25 November 2011)

REPUBLIC
OF SOUTH AFRICA
THE
LABOUR COURT OF SOUTH AFRICA,
JUDGMENT
NOT
REPORTABLE
CASE
NO:  JR 1017/09
In
the matter between:
CARGO
MOTORS (PTY)
LTD

Applicant
and
RENE
HYSER
N.O
First

Respondent
DISPUTE
RESOLUTION CENTRE: A DIVION OF
THE
MOTOR INDUSTRY BARGAINING COUNCIL
Second

Respondent
UPUSA
obo DAVID MAKGANYETSI
Third
Respondent
Heard
:
ccontrol
__________________________
MOLAHLEHI J
Judge
of the Labour Court
APPEARANCES
For the Applicant: Snyman
Attorneys
For
the Respondent: The union official
[1]
See
JDG
Trading (Pty) Ltd Russels v Witcher NO and Others
[2005] ZALC 1
;
(2001) 3
BLLR
300
(LAC) and
Life
Care t/a Ekuhlengeni Care Centre v CCMA and Others
(2003) 5
BLLR
416 (LAC).
[2]
Department
of Community Safety: Werstern Cape Provincial Government  v
General Public Service Sectoral Bargaining Council
and Others
(2011) 32
ILJ
890 (LC). In
Balesan
v Motor Bargaining Council
(2011) 32
ILJ
297
(LC), the Court remitted the matter where the record was defective
to the bargaining council to be heard afresh.