South Africa: Johannesburg Labour Court, Johannesburg

IN THE LABOUR COURT OF SOUTH AFRICA

HELD AND BRAAMFONTEIN                                             

CASE NO:  JR 483/06

HEARD AND DELIVERED:  2009.09.16

                                                                                                     EDITED: 29 JULY 2010

NOT REPORTABLE

In the matter between

MOTHIBE A MANKWE                                                                                               Applicant

And

COMMISSIONER NOWOSENETZ                                                                First Respondent

CCMA PRETORIA                                                                                    Second Respondent

CLICKS STORES                                                                                         Third Respondent

J U D G M E N T

PILLAY D, J:

This is an application to review and set aside the award of the first respondent commissioner.  The test set in Sidumo & Another v Rustenburg Platinum Mines Ltd & Others  2007 12 BLLR 1097 CC applies.  That test is that an award is reviewable if the decision reached by the commissioner is one that a reasonable decision maker could not reach.

In this case the commissioner was faced with conflicting facts.  He had to make a credibility finding.  He preferred the evidence of the third respondent employer.  The applicant employee’s evidence was substantially uncorroborated.  The award itself is rational and reasonable.

It meets the Sidumo test in that it is a reasonable award that could be reached by a commissioner.

The application for a review is dismissed with costs.

Pillay D

Judge

Appearances:

For Applicant:            Retail and Allied Workers Union: Mr Khoza

For Respondent:       Adv M J Van As : Instructed by Deneys Reitz