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23 Indus. L.J. (Juta) 863 (2002)
Crown Chicenks (Pty) Ltd t/a Rocklands Poultry v Kapp & (and) Others

handle is hein.journals/iljuta23 and id is 917 raw text is: CROWN CHICKENS (PTY) LTD tia ROCKLANDS POULTRY v KAPP & OTHERS LABOUR APPEAL COURT (PAl/01) A 19 September 2001; 19 April 2002 Before ZONDO JP, NICHOLSON JA and PAGE AJA CCMA arbitration procecdings -Review of proceedings, decisions and awards of B commissioners ----Gross irregularity Comn missiouer accepting patently false evidence of employee and rejecting employer's evidence which had ring of truth -----Effect offailure to evaluate evidence properly that award not rational nor justijiable-Commissioner committing gross irregularity. CCMA arbitration proceedings -----Review qf proceedings, decisions and awards of C commissioners -----Grounds Grounds referred to in s 145 of LRA 1995 ------ Also reviewable if decision not rationally related to purpose for which power given from objective vieu 'Rational' Aeaning -----Award of arbitrator must not be arbitrary and must have been arrived at by reasoning process as opposed to conjecture, fantasy, guesswork or hallucination. D CCAIA arbitration proceedings -----Review qf proceedings, decisions and awards of commissioners -----Justifiability of award Conclusion must be justifiable regarding reasons given in sense that it is defensible, not necessarily in every respect, but as refards important logical steps on road to commissioner's order. Dismissal-Racial context-E mployee uttering racial insults in workplace- E Anathema to sound industrial relations and severe and degrading attack on dignity of employee concerned ----Good reason for dismissal. Labour Court-Powers-Racism and racial discrimination-Role court must pliy in fiht against racism in general and in workplace in particular. W/Vords and phrases ----'Kaffer'Kqafir'. F The first respondent, a white male, was employed by the appellant employer as a feedmill supervisor. One night while the first respondent and other employees including one Maxim were working night shift, Maxim was injured on duty and needed to be taken to hospital. It was alleged that the first G respondent refused to call an ambulance and said 'los die kaffir laat vrek'. A disciplinary enquiry was hcld. The first respondcnt was dismissed. A commissioner of the CCM A arbitrated the dispute. He heard the evidence of the witnesses and accepted the evidence of the first respondent that he had not made the remark and rejected the testimony of the employer's witnesses. He awarded the first respondent compensation. The employer applied to the H Labour Court to review and set aside the award. The Labour Court expressed the view that it may not have coie to the same conclusion, but found that the award was justifiable on the material before the commissioner. With leave of the Labour Court the eiployer appealed to the Labour Appeal Court. The Labour Appeal Court noted that the first respondent had not been charged I with racism but that the employer stated at the arbitration that certain racist remarks made by the first respondent would also constitute one of the charges. The arbitrator enquired of the first respondent whether he would be prepared to answer a charge of racism and he did not object. The court (Nicholson JA with Zondo JP and Page AJA concurring) noted that an award made by the CCMA may be reviewed on any ground set out in s 145 J

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