MRL3702
Assignment 1 Semester 2 2023
Unique Number: 569426
Due Date: 18 August 2023
Legal Opinion: Foskor Limited v Commission for Conciliation, Mediator and
, Arbitrator and Others (JR 1003/2011) [2022] ZALCJHB 28 (17 February 2022)
Summary of the facts:
This case involves Foskor Limited, a phosphate mining and chemical
production company in South Africa, and the Commission for Conciliation,
Mediation, and Arbitration (CCMA), an independent body responsible for
resolving employment disputes. The dispute between the parties arose
when Foskor dismissed Mr. Nkosi, one of its employees, for alleged
misconduct. Following his dismissal, Mr. Nkosi referred the matter to the
CCMA for arbitration, claiming unfair dismissal.
During the arbitration proceedings, the CCMA found that Mr. Nkosi's
dismissal was procedurally unfair but substantively fair. As a result, the
CCMA ordered Foskor to reinstate Mr. Nkosi with retrospective effect,
entitling him to full salary and benefits for the duration of his dismissal.
Dissatisfied with the CCMA's decision, Foskor approached the Labour
Court seeking a review of the CCMA's decision.
Issue(s) in dispute in the case:
The main issue in dispute in this case is whether the CCMA's decision to
reinstate Mr. Nkosi with retrospective effect was lawful and justified.
Foskor argued that the CCMA's decision was irrational, unreasonable, and
not supported by the evidence presented during the arbitration.
The Court's decision:
The Labour Court, in its judgment, considered the evidence presented
before the CCMA and analyzed the arbitrator's rationale for ordering
reinstatement with retrospective effect. The Court noted that the CCMA
failed to provide sufficient reasons to justify its decision and failed to
consider the nature of Mr. Nkosi's misconduct in relation to the
employment relationship's trust element.
Assignment 1 Semester 2 2023
Unique Number: 569426
Due Date: 18 August 2023
Legal Opinion: Foskor Limited v Commission for Conciliation, Mediator and
, Arbitrator and Others (JR 1003/2011) [2022] ZALCJHB 28 (17 February 2022)
Summary of the facts:
This case involves Foskor Limited, a phosphate mining and chemical
production company in South Africa, and the Commission for Conciliation,
Mediation, and Arbitration (CCMA), an independent body responsible for
resolving employment disputes. The dispute between the parties arose
when Foskor dismissed Mr. Nkosi, one of its employees, for alleged
misconduct. Following his dismissal, Mr. Nkosi referred the matter to the
CCMA for arbitration, claiming unfair dismissal.
During the arbitration proceedings, the CCMA found that Mr. Nkosi's
dismissal was procedurally unfair but substantively fair. As a result, the
CCMA ordered Foskor to reinstate Mr. Nkosi with retrospective effect,
entitling him to full salary and benefits for the duration of his dismissal.
Dissatisfied with the CCMA's decision, Foskor approached the Labour
Court seeking a review of the CCMA's decision.
Issue(s) in dispute in the case:
The main issue in dispute in this case is whether the CCMA's decision to
reinstate Mr. Nkosi with retrospective effect was lawful and justified.
Foskor argued that the CCMA's decision was irrational, unreasonable, and
not supported by the evidence presented during the arbitration.
The Court's decision:
The Labour Court, in its judgment, considered the evidence presented
before the CCMA and analyzed the arbitrator's rationale for ordering
reinstatement with retrospective effect. The Court noted that the CCMA
failed to provide sufficient reasons to justify its decision and failed to
consider the nature of Mr. Nkosi's misconduct in relation to the
employment relationship's trust element.
