Articles #Labour law

Process over product: Reviewing the decision of a commissioner because of a gross irregularity in the conduct of the arbitration proceedings

Process over product: Reviewing the decision of a commissioner because of a gross irregularity in the conduct of the arbitration proceedings

In National Union of Metalworkers of South Africa (NUMSA) obo Mathoba v South Ocean Electric Wires Company (Pty) Ltd and Others (JR 49/19) [2023] ZALCJHB 248 (25 August 2023) the court set aside the decision of the commissioner because she committed a gross irregularity in the conduct of the arbitration proceedings which had the effect of tainting the outcome of the arbitration. This case serves as a stark reminder to commissioners that the process followed in relation to reaching a decision can be just as if not more important than the decision itself.

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