LAC Summary:  A refusal by a Commissioner to allow a party to call a witness to counter the unfavourable evidence given by another witness called by that party was unreasonable and constituted a material irregularity.   If the witness had been allowed to be called the outcome of the hearing may have been different.   The appeal was against a Labour court order dismissing an application to review and set aside.

Blue Financial Services Limited v Commision For Conciliation, Mediation And Arbitration and Others (JR2819/09, JA53/11) [2014] ZALAC 14 (15 May 2014)

Coram: Tlaletsi DJP, Ndlovu JA and Coppin AJA

Heard:           21 February 2014 Delivered:     16 May 2014

Appeal allowed and award of the Commissioner set aside and the matter referred back to the CCMA for a hearing de novo before a different Commissioner,

[1] This is an appeal against a decision of the Labour Court (Steenkamp J) dismissing, with costs, an application brought by the appellant to review an award of the second respondent (“the arbitrator”), acting under the auspices of the first respondent (“the CCMA”), in favour of the third respondent (“Mr Paterson”), who had been dismissed by the appellant for making a racist remark, by ordering the appellant to pay Mr Paterson the equivalent of four months’ salary. The court a quo granted leave to appeal to this Court.  Mr Paterson, who is legally represented, is opposing the appeal.