Albion Services CC v Commission for Conciliation Mediation and Arbitration and Others (D 275/10) [2013] ZALCD 12 (21 May 2013)

Albion Services CC v Commission for Conciliation Mediation and Arbitration and Others (D 275/10) [2013] ZALCD 12 (21 May 2013)

The court found that the second respondent's conclusion that Mr Mnguni was not guilty of incitement to strike was reasonable and justifiable on the evidence. The applicant's witnesses contradicted each other and failed to establish that Mr Mnguni sought to influence Team B to strike. Merely asking Team B about their intentions did not amount to incitement. The disciplinary procedure was also found to be procedurally unfair, as the authority to dismiss was not exercised in accordance with the applicant's own code, resulting in a flawed process. The review application was dismissed as the award was reasonable and justified.

Citation
[2013] ZALCD 12
Parties
Applicant: Albion Services CC; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner Keshree Kemi N.O.; Respondent: NUM obo Mnguni
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
21 May 2013
Case Number
D 275/10
Procedural Posture
Review Application / Judgment on Review Application
Outcome
Review application dismissed.
Judges
Cele
Legal Topics
Unfair Dismissal, Incitement to Strike, Disciplinary Procedure, Review of Arbitration Award
Labour Law Civil Procedure Unfair Dismissal Incitement to Strike Disciplinary Procedure Review of Arbitration Award

Case Brief

Summary, issues, holding and outcome

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Parties

Albion Services CC

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner Keshree Kemi N.O.

Respondent

NUM obo Mnguni

Respondent

Procedural Posture

Review Application / Judgment on Review Application

Legal Issues

  1. 1 Whether Mr Mnguni's conduct at the meeting amounted to incitement to strike.
  2. 2 Whether the dismissal of Mr Mnguni was substantively and procedurally fair.
  3. 3 Whether the disciplinary procedure followed by the applicant complied with its own code and principles of natural justice.

Ratio Decidendi

The court found that the second respondent's conclusion that Mr Mnguni was not guilty of incitement to strike was reasonable and justifiable on the evidence. The applicant's witnesses contradicted each other and failed to establish that Mr Mnguni sought to influence Team B to strike. Merely asking Team B about their intentions did not amount to incitement. The disciplinary procedure was also found to be procedurally unfair, as the authority to dismiss was not exercised in accordance with the applicant's own code, resulting in a flawed process. The review application was dismissed as the award was reasonable and justified.

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No costs order is made.