Adeyemi v Commission for Conciliation, Mediation and Arbitration and Others (JR 1386/2018) [2020] ZALCJHB 185 (14 July 2020)

Adeyemi v Commission for Conciliation, Mediation and Arbitration and Others (JR 1386/2018) [2020] ZALCJHB 185 (14 July 2020)

The Labour Court held that the arbitrator's decision that the applicant's dismissal was substantively fair was reasonable and supported by the evidence. The applicant, as a senior managerial employee, was responsible for ensuring the timely payment of PAYE to SARS, a creditor of the respondent. Despite being aware of his responsibilities and the consequences of late payment, the applicant failed to put measures in place to ensure payment while on leave, did not delegate the task, nor authorise a projected payment. The arbitrator did not exceed his powers, commit gross irregularity, or misdirect himself. The applicant's grounds for review were found to be without merit, and the arbitration...

Citation
[2020] ZALCJHB 185
Parties
Applicant: Babatunde Adeyemi; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: B J Wauchope N.O.; Respondent: Naledi Foundry Operations (Pty) Ltd
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 July 2020
Case Number
JR 1386/2018
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed.
Judges
Prinsloo
Legal Topics
Unfair Dismissal, Gross Dereliction of Duty, Review of Arbitration Award, Reasonableness Test, Procedural Fairness
Labour Law Civil Procedure Unfair Dismissal Gross Dereliction of Duty Review of Arbitration Award Reasonableness Test Procedural Fairness

Case Brief

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Parties

Babatunde Adeyemi

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

B J Wauchope N.O.

Respondent

Naledi Foundry Operations (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicant's dismissal was substantively fair.
  2. 2 Whether the arbitrator exceeded his powers or committed a gross irregularity.
  3. 3 Whether the arbitrator misdirected himself in his findings.

Ratio Decidendi

The Labour Court held that the arbitrator's decision that the applicant's dismissal was substantively fair was reasonable and supported by the evidence. The applicant, as a senior managerial employee, was responsible for ensuring the timely payment of PAYE to SARS, a creditor of the respondent. Despite being aware of his responsibilities and the consequences of late payment, the applicant failed to put measures in place to ensure payment while on leave, did not delegate the task, nor authorise a projected payment. The arbitrator did not exceed his powers, commit gross irregularity, or misdirect himself. The applicant's grounds for review were found to be without merit, and the arbitration...

Court Disposition

Application for review dismissed.

Orders

  • The application for review is dismissed.
  • There is no order as to costs.