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The hearing was set for 9 July 2020 at the CCMA House, and the matter proceeded in the absence of the employer. The dispute concerns the Applicant’s right of access to information under Section 16 of the Labour Relations Act related to disciplinary hearings and related records. The Department was ordered to disclose specified transcripts and investigation documentation by 3 August 2020, without paying 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did the arbitration proceed as a default matter?","Question",{"text":112,"@type":113},"The employer (Respondent) was absent despite a set-down sent by email, and the matter proceeded in the absence of the Respondent.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What issue did the Commissioner need to decide?",{"text":117,"@type":113},"Whether the Applicant had a right of access to information under Section 16 relating to disciplinary hearings conducted due to alleged misconduct.",{"name":119,"@type":110,"acceptedAnswer":120},"What information did the Department have to disclose, and by when?",{"text":121,"@type":113},"The Department was ordered to disclose the hearing transcripts (8 May 2018) and specific investigation reports and related documentation, by 3 August 2020, without paying costs.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},502245,1791642881,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":39,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":81,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":39},24464137899374,"https://us-avatar.wpscdn.com/davatar_3d24733baf745e90a7e4bdd5f77d97b2","Default Award  \nLives  \nCCMA  \ncowusson foa couduTON  \nMED70s&ATAn0  \nCase Number:  \nMPEM1141-20                   \nCommissioner:  \nAbel Venter                \nDate of Award:  \n12-Jul-2020               \nIn the ARBITRATION between  \n(Union/Applicant)  \nand  \nDepartment of Employment &Labour-Mpumalanga (Department of Employment &Labour-Mpumalanga      \n(Respondent)  \nUnion/Employee's representative:MrJHeynecke (Union Official)           Union/Applicant's address:PO Box 282                 Sonpark                 Nelspruit                  1206                          Telephone:0137417500.0828808938                    Telefax013741-750-5608,0872347688           E-mail:pamela.letebele@psa.co.za,Mothusi.nkotsoe@labour.gov.za    \nEmployer's representative:Absent                   Respondent's address:Private Bagx 117              Pretoria                   0001                              \nTelephone:  \n0829080790                   \nTelefax:                                  \nE-mail:  \ntina.roos@labour.gov.za,mothusi.nkotsoe@labour.gov.Z     \n# DETAILS OF HEARING ZND REPRESENTATION\n\n1.The matter was set down for an arbitration process by the Commission on 9 July 2020,at the CCMA House,59Kruger Street,eMalahieni,Mpumalanga,1035,at 1-00 pm  \n2.The Applicant (Mr M Nkotsoe)attended the enquiry and was represented by MrJ Heynecke of the PublicService Association(PSA).The Respondent(Department of Employment and Labour)was absent despite a setdown that was sent by email to Tina Roos on 15June 2020.  \n3.In the absence of the Respondent the matter proceeded.(Section 138(5)(b)(i)of the Labour Relations Act)  \n4.The Applicant handed a comprehensive bundle of 31 pages to the CCMA and the hearing was digitallyrecorded.  \n# ISSUE TO BE DECIDED\n\n5.Iam to determine,whether the Applicant has a right to access of information 1 to section 16.About disciplinaryhearings conducted due to his alleged misconduct.  \n# BACKGROUND TO THE ISSUE\n\n6.The Applicant is currently employed as the Manager of the Department of Employment and Labour in Witbankand was charged on 1 December 2017 with 13 allegations of misconduct.(See pages 12 to 14)On 8 May 2018the Applicant was found not guilty on 12 charges but guilty on one and given a final written warning.Thearbitration to \"clear his name\"will be heard on 5 August 2020 at the General Public Service Sectoral BargainingCouncil(GPSSBC)  \n7.On 19 February 2020 the Applicant was again charged(See pages 23 to 26)with 5 allegations of misconductbut the hearing was not finalised.  \n# SURVEY OF EVIDENCE AND ARGUMENT\n\n8.In the absence of the employer the union argued that allthey need is a transcript of the hearing that wasfinalised on 8 May 2018 and the two investigation reports relating to NEHAWU.  \n9.The information is needed in order for the union to prepare for the arbitration on 5 August 2020 at the GPSSBC  \nOnly signed awardsthat contan he CMA approved watermark are authorised.  \n10 Disclosure of information is defined in Section 16 of the Labour Relations Act.In essence it should not causeharm to an employee,when it is legally privileged or private personal infomation.  \n11.The request is in line with the PROMOTION OF ACCESS TO INFORMATION MANUAL page 42;\"A requesterwho seeks information on records about himself or herself or next of kin if the information is about a deceasedindividual is exempted from paying costs.  \n12.In the matter between Police &Prisons Civil Rights Union v Minister of Correctional Services &Others(1999)20 ILJ 2416 (LC)it was held that the employee charged has the right to copies of the statements ofpersons to be called as witnesses as wellas copies of all documentation to be adduced in evidence  \n13.In the light of points 10 to 12 above the request for disclosure of information of the PSA will reflect in my ruling  \nRuling  \n1.The Department of Employment and Labour(Mpumalanga)is ordered disclose information here under the PSA oboMr M Nkotsoe without paying costs and by 3 August 2020  \n2 The inf","cbCaicxweAzpe3k6","https://ap.wps.com/l/cbCaicxweAzpe3k6","pdf",2015444,"English","# Details of Hearing and Representation\n## Details of Hearing and Representation\n# Issue to be Decided\n# Background to the Issue\n# Survey of Evidence and Argument\n## Ruling","[{\"question\":\"Why did the arbitration proceed as a default matter?\",\"answer\":\"The employer (Respondent) was absent despite a set-down sent by email, and the matter proceeded in the absence of the Respondent.\"},{\"question\":\"What issue did the Commissioner need to decide?\",\"answer\":\"Whether the Applicant had a right of access to information under Section 16 relating to disciplinary hearings conducted due to alleged misconduct.\"},{\"question\":\"What information did the Department have to disclose, and by when?\",\"answer\":\"The Department was ordered to disclose the hearing transcripts (8 May 2018) and specific investigation reports and related documentation, by 3 August 2020, without paying costs.\"}]","CCMA - Default Award - 12-Jul-2020 | PDF",1791030613]