Adwill Plastics (Pty) Ltd v Mothibe NO and Others (JR2499/16) [2018] ZALCJHB 368 (9 November 2018)

Adwill Plastics (Pty) Ltd v Mothibe NO and Others (JR2499/16) [2018] ZALCJHB 368 (9 November 2018)

The court found that the commissioner’s award was reasonable and unassailable. The employer had initiated progressive discipline by previously issuing verbal warnings to all employees after a similar incident. It was inconsistent for the employer to escalate directly to dismissal without first issuing a written warning. The respondent employees demonstrated remorse and the capacity for rehabilitation. The commissioner correctly found that, although the employees were negligent, the sanction of dismissal was disproportionate. Reinstatement without back pay and subject to a written warning was appropriate. The review application was dismissed as the award was not unreasonable.

Citation
[2018] ZALCJHB 368
Parties
Applicant: Adwill Plastics (Pty) Ltd; Respondent: Isaac Teke Mothibe N.O; Respondent: The Commission for Mediation, Conciliation Arbitration; Respondent: NUMSA obo Motoma and 1 Other
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 November 2018
Case Number
JR2499/16
Procedural Posture
Review Application / Judgment
Outcome
Review application dismissed. Arbitration award upheld.
Judges
Nkutha-Nkontwana
Legal Topics
Unfair Dismissal, Progressive Discipline, Review Test, Arbitration Award, Remedy of Reinstatement
Labour Law Civil Procedure Unfair Dismissal Progressive Discipline Review Test Arbitration Award Remedy of Reinstatement

Case Brief

Summary, issues, holding and outcome

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Parties

Adwill Plastics (Pty) Ltd

Applicant

Isaac Teke Mothibe N.O

Respondent

The Commission for Mediation, Conciliation Arbitration

Respondent

NUMSA obo Motoma and 1 Other

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner failed to apply his mind to the facts before him.
  2. 2 Whether the sanction of dismissal was appropriate under the circumstances.
  3. 3 Whether progressive discipline was properly followed.

Ratio Decidendi

The court found that the commissioner’s award was reasonable and unassailable. The employer had initiated progressive discipline by previously issuing verbal warnings to all employees after a similar incident. It was inconsistent for the employer to escalate directly to dismissal without first issuing a written warning. The respondent employees demonstrated remorse and the capacity for rehabilitation. The commissioner correctly found that, although the employees were negligent, the sanction of dismissal was disproportionate. Reinstatement without back pay and subject to a written warning was appropriate. The review application was dismissed as the award was not unreasonable.

Court Disposition

Review application dismissed. Arbitration award upheld.

Orders

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