Amazon Development Centre (South Africa) (Pty) Ltd v Mashabela and Others (C1215/2018) [2021] ZALCCT 29 (8 April 2021)

Amazon Development Centre (South Africa) (Pty) Ltd v Mashabela and Others (C1215/2018) [2021] ZALCCT 29 (8 April 2021)

The court found that the Commissioner failed to apply the correct legal test by focusing on the reliability of the CCR rating system rather than the fairness of the dismissal in terms of the employer's objectively determined standards. The Commissioner did not consider whether the performance standards conformed to commercial rationality or whether the employee was given a fair opportunity to meet those standards. The evidence showed that the employee was placed on a performance improvement plan, received coaching, and failed to meet the required targets. The award was therefore one that a reasonable decision-maker could not make, and the review succeeded.

Citation
[2021] ZALCCT 29
Parties
Applicant: Amazon Development Centre (South Africa) (Pty) Ltd; Respondent: Mpho Mashabela; Respondent: CM Bennett N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
8 April 2021
Case Number
C1215/2018
Procedural Posture
Review Application / Judgment
Outcome
The review application succeeded. The arbitration award was set aside and substituted with a finding that the dismissal was substantively fair.
Judges
Rabkin-Naicker
Legal Topics
Unfair Dismissal, Poor Work Performance, Review of Arbitration Award, Performance Standards, Code of Good Practice
Labour Law Unfair Dismissal Poor Work Performance Review of Arbitration Award Performance Standards Code of Good Practice

Case Brief

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Parties

Amazon Development Centre (South Africa) (Pty) Ltd

Applicant

Mpho Mashabela

Respondent

CM Bennett N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the dismissal of the employee for poor work performance was substantively unfair.
  2. 2 Whether the Commissioner applied the correct legal test in evaluating the reliability of the employer's performance rating system.
  3. 3 Whether the arbitration award was one that a reasonable decision-maker could make.

Ratio Decidendi

The court found that the Commissioner failed to apply the correct legal test by focusing on the reliability of the CCR rating system rather than the fairness of the dismissal in terms of the employer's objectively determined standards. The Commissioner did not consider whether the performance standards conformed to commercial rationality or whether the employee was given a fair opportunity to meet those standards. The evidence showed that the employee was placed on a performance improvement plan, received coaching, and failed to meet the required targets. The award was therefore one that a reasonable decision-maker could not make, and the review succeeded.

Court Disposition

The review application succeeded. The arbitration award was set aside and substituted with a finding that the dismissal was substantively fair.

Orders

  • The Award under Case Number WECT1570-18 is reviewed and set aside and substituted with the following order: The dismissal of the first respondent was substantively fair.