A commissioner’s omission to provide reasons for deciding that a party has discharged the onus of proof renders the award reviewable. In terms of s 138(7) of the LRA commissioners must provide reasons for their decisions. The award shows that the arbiter recorded the versions of both parties and concluded that she was satisfied that the employee had discharged the onus of proving that the employer had perpetrated an unfair labour practice. The evidence was not dealt nor were any reasons provided for such decision.
MEC: Department of Health v Public Health & Social Development Sectoral Bargaining Council (P09/14) [2015] ZALCPE 36 (19 March 2015) per Lallie J.
Reported: (2016) 37 ILJ 1429 (LC)?
Overturned by LAC:
Adequate reasons provided for award
The LAC allowed the appeal and set aside the order of Lallie J in the labour court. As the arbitral award was upheld by the LAC it meant that the appointment of a non-registered person was set aside and the matter referred back to the department to re-advertise the post.
Refer to:
Hospersa v MEC: Health, Eastern Cape (PA2/2015) [2016] ZALAC 64 (8 December 2016) per Phatshoane AJA (Coppin and Landman JJA concurring)