JR385/01-JduP
Sneller Verbatim/JduP
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR385/01
2001-10-09
In the matter between
HARMONY GOLD MINING CO LIMITED Applicant
and
CCMA AND OTHERS Respondents
__________________________________________________________
J U D G M E N T
__________________________________________________________
LANDMAN, J: The third respondent in this matter was dismissed by the applicant.
Thereupon an arbitration hearing took place on 25 August 2000 before an
arbitrator of the CCMA, the second respondent in these proceedings.
The arbitrator recorded the evidence which was delivered in the course of
the arbitration. He sets out the evidence of one van Zyl, the principal witness on
behalf of the applicant. His summary of the evidence of Mr van Zyl, conflicts with
the statement which was handed in at the arbitration by consent, and with so
much of the record as I have been able to read.
That being so, the award which stems from this is not justifiable in relation
to the material which served before the commissioner. The arbitration award is
1
JUDGMENT1
set aside and the draft order is made an order of court.
___________________
A A Landman
Judge of the Labour Court of South Africa
---ooo0ooo---