Sneller Verbatim/HVDM
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN CASE NO: JR568/01
2003-02-07
In the matter between
SAM KHUMBULANI MAPHOSA Applicant
and
1st Respondent
2nd Respondent
3rd Respondent
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J U D G M E N T
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REVELAS J:
1. The applicant brought an application to have an
arbitration award of the CCMA reviewed in terms of
section 145 of the Labour Relations Act 66 of 1995 (the
“Act”).
2. The arbitrator who heard the matter kept a written record
consisting of notes, which is illegible. According to a
witness of the third respondent were mechanically
recorded the proceedings. That transcript was not before
me. The applicant contends that the proceedings were not
mechanically recorded. The Registrar of this court
informed me that she knew of no transcript or mechanical
recording. The basis on which she informed me thus is
unclear to me.
3. I do not understand the reasoning of the arbitrator in
his award. His view of a particular letter up on which
the applicant placed great reliance was vague in its
reasoning. In my view, this award should be set aside
and the dispute should be referred back to the CCMA to be
heard by a different arbitrator and the proceedings or to
be recorded. I make no order as to costs.
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E. Revelas
ON BEHALF OF APPLICANT : In person
ON BEHALF OF RESPONDENT : Mr Bechenstraetr from
Moodie & Robbertson Att.