Legal Victory: Arbitrator's Dismissal of Rescission Application Results in Award Being Set Aside
In the recent Labour Court of South Africa case, Bosch Uniform Supplies CC v SACTWU OBO Tenyeko Thelma Marima and 1 Other (Case No: J986/2022), the court overturned an arbitration award due to the arbitrator's misconduct. Our firm, Dawie Coetzer Attorneys, successfully represented the employer, Bosch Uniform Supplies.
Case Summary:
The arbitrator proceeded with a hearing despite the employer's application for rescission of a prior ruling. This rescission application was crucial as the employer had not been aware of a previous condonation application that impacted the case's progression. The court found that the arbitrator's decision to disregard the rescission application and proceed with the hearing was a gross irregularity, constituting misconduct.
Key Takeaways for Employers:
This case underscores the importance of arbitrators adhering to proper procedures.
Employers have a right to a fair hearing, which includes the right to have preliminary issues resolved before the main hearing proceeds.
Arbitrators must give due consideration to all relevant applications and submissions before making a decision.
What to do if an Arbitrator Ignores Your Preliminary Point:
If you find yourself in a situation where an arbitrator is not giving due attention to a preliminary point you believe is crucial, it's essential to:
Clearly state your objection: Make sure your objection and the reasons for it are clearly and explicitly stated on the record.
Request a Ruling: Politely but firmly request that the arbitrator make a ruling on your preliminary point before proceeding further.
Consider Further Action: If the arbitrator still refuses to consider your point, you may need to consult with a labour law attorney to discuss options such as applying for a review of the arbitrator's decision.
Case Outcome:
The Labour Court set aside the arbitration award and remitted the matter back to the CCMA for a new arbitration hearing before a different commissioner.
Remember, procedural fairness is a cornerstone of labour law. Don't hesitate to seek legal counsel to protect your rights!
