Anglo Platinum (Pty) Ltd (Bafokeng Rasemone Mine) v De Beer and Others (JA 65/13) [2014] ZALAC 82; [2015] 4 BLLR 394 (LAC) ; (2015) 36 ILJ 1453 (LAC) (15 December 2014)

Anglo Platinum (Pty) Ltd (Bafokeng Rasemone Mine) v De Beer and Others (JA 65/13) [2014] ZALAC 82; [2015] 4 BLLR 394 (LAC) ; (2015) 36 ILJ 1453 (LAC) (15 December 2014)

The Labour Appeal Court found that the CCMA commissioner's decision upholding the dismissal of the employee for breaching the employer's gifts and favours policy was reasonable and supported by the evidence. The employee was aware of the policy and the prohibition against accepting favours from suppliers, and his conduct in accepting and failing to declare a favour constituted dishonesty. The commissioner’s finding that the employment relationship was destroyed and that dismissal was appropriate fell within the range of reasonable responses. The Labour Court erred by substituting its own view and failing to apply the correct review test, which requires consideration of whether the result...

Citation
[2014] ZALAC 82
Parties
Appellant: Anglo Platinum (Pty) Ltd (Bafokeng Rasemone Mine); Respondent: Petrus Hermanus De Beer; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Commissioner L.M. Matlala N.O.
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
15 December 2014
Case Number
JA 65/13
Procedural Posture
Review Application / Appeal From Labour Court Judgment Reviewing CCMA Arbitration Award
Outcome
Appeal upheld; Labour Court’s order set aside; review application dismissed.
Judges
Waglay, Dlodlo, Setiloane
Legal Topics
Substantive Fairness of Dismissal, Dishonesty, Breach of Gifts and Favours Policy, Review of Arbitration Award, Employment Relationship Breakdown
Labour Law Substantive Fairness of Dismissal Dishonesty Breach of Gifts and Favours Policy Review of Arbitration Award Employment Relationship Breakdown

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Anglo Platinum (Pty) Ltd (Bafokeng Rasemone Mine)

Appellant

Petrus Hermanus De Beer

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Commissioner L.M. Matlala N.O.

Respondent

Procedural Posture

Review Application / Appeal From Labour Court Judgment Reviewing CCMA Arbitration Award

Legal Issues

  1. 1 Whether the employee breached the employer's policy prohibiting acceptance of gifts, hospitality, or favours from suppliers.
  2. 2 Whether the employee's conduct constituted dishonesty justifying dismissal.
  3. 3 Whether the CCMA commissioner's award upholding dismissal was reasonable and reviewable.

Ratio Decidendi

The Labour Appeal Court found that the CCMA commissioner's decision upholding the dismissal of the employee for breaching the employer's gifts and favours policy was reasonable and supported by the evidence. The employee was aware of the policy and the prohibition against accepting favours from suppliers, and his conduct in accepting and failing to declare a favour constituted dishonesty. The commissioner’s finding that the employment relationship was destroyed and that dismissal was appropriate fell within the range of reasonable responses. The Labour Court erred by substituting its own view and failing to apply the correct review test, which requires consideration of whether the result...

Court Disposition

Appeal upheld; Labour Court’s order set aside; review application dismissed.

Orders

  • The appeal is upheld with no order as to costs.
  • The order of the Labour Court in the review application is set aside and replaced with: 'the review application is dismissed with costs.'