Sneller Verbatim/HVDM
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR789/01
2002-03-05
In the matter between
A SEKGOPO Applicant
and
1ST Respondent
THE COMMISSION FOR CONCILIATION,
MEDIATION AND ARBITRATION 2ND Respondent
CSC HEALTH & HYGIENE SERVICES 3RD Respondent
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J U D G M E N T
Delivered on 5 March 2002
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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.
1. 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.
1. 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.
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E. Revelas