In the scenario where the parties agreed that the transcript or record of an internal disciplinary enquiry correctly purports what it wishes to portray and the relevant arbitrator is contemplating utilising certain portions of such transcript, what guidelines must be complied with in order to ensure compliance with the audi alteram partem rule?
The article sets out the approach adopted to the above question by the labour court in Hillside Aluminium (Pty) Ltd v Moses Mathuse and Others.[1]
In Hillside Aluminium (Pty) Ltd v Moses Mathuse and Others,[1] the following approach was adopted:
- the audi alteram partem rule requires that the parties and their representatives be given an opportunity to be heard regarding every matter and every piece of evidence the arbitrator may take into account;
- if there is non-compliance with the audi alteram partem rule, the parties are indeed denied a fair hearing; and
- where an arbitrator is considering factors that were not canvassed in evidence, he or she is required to alert the parties of this fact and invite them or afford them the opportunity to lead evidence or make submissions pertaining to these factors intended to be considered.
[1] Supra
