Air Tech Aviation Maintenance (Pty) Ltd v Ramafole and Others (JR2267/13) [2017] ZALCJHB 439 (21 November 2017)

Air Tech Aviation Maintenance (Pty) Ltd v Ramafole and Others (JR2267/13) [2017] ZALCJHB 439 (21 November 2017)

The court found that the arbitration award was erroneously made an order of court in the absence of the applicant, justifying rescission. Upon review, the court determined that the arbitrator's conclusion that the employee's refusal to travel was due to short notice was not supported by the documentary evidence. Instead, the employee's refusal was based on a series of demands regarding his conditions of employment. While the conduct amounted to insubordination, the court was not convinced that the misconduct was sufficiently grave to warrant dismissal, especially in the absence of evidence of a breakdown in the trust relationship. The dismissal was therefore substantively unfair, and...

Citation
[2017] ZALCJHB 439
Parties
Applicant: Air Tech Aviation Maintenance (Pty) Ltd; Respondent: Ramatlotlo Gibson Ramafole; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Mabel Sekiti N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 November 2017
Case Number
JR2267/13
Procedural Posture
Review Application / Judgment After Rescission and Review of Arbitration Award
Outcome
Arbitration award reviewed and set aside; employee to be re-employed with a final written warning for insubordination.
Judges
Thompson
Legal Topics
Unfair Dismissal, Arbitration Review, Insubordination, Reinstatement, Rescission of Judgment
Labour Law Civil Procedure Unfair Dismissal Arbitration Review Insubordination Reinstatement Rescission of Judgment

Case Brief

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Parties

Air Tech Aviation Maintenance (Pty) Ltd

Applicant

Ramatlotlo Gibson Ramafole

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Mabel Sekiti N.O.

Respondent

Procedural Posture

Review Application / Judgment After Rescission and Review of Arbitration Award

Legal Issues

  1. 1 Whether the Labour Court can review an arbitration award after it has been made an order of court.
  2. 2 Whether the arbitration award was erroneously made an order of court in the absence of the applicant.
  3. 3 Whether the dismissal of the employee was substantively fair.

Ratio Decidendi

The court found that the arbitration award was erroneously made an order of court in the absence of the applicant, justifying rescission. Upon review, the court determined that the arbitrator's conclusion that the employee's refusal to travel was due to short notice was not supported by the documentary evidence. Instead, the employee's refusal was based on a series of demands regarding his conditions of employment. While the conduct amounted to insubordination, the court was not convinced that the misconduct was sufficiently grave to warrant dismissal, especially in the absence of evidence of a breakdown in the trust relationship. The dismissal was therefore substantively unfair, and...

Court Disposition

Arbitration award reviewed and set aside; employee to be re-employed with a final written warning for insubordination.

Orders

  • The arbitration award dated 19 September 2013 under case number SS4589-13 is reviewed and set aside and replaced by the following order:
  • The dismissal of the applicant is substantively unfair and the respondent is ordered to re-employ the applicant within 30 days from the date of this order.