Apron Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA18/05) [2007] ZALAC 14 (15 June 2007)

Apron Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JA18/05) [2007] ZALAC 14 (15 June 2007)

The Labour Appeal Court found that the commissioner erred in treating the third respondent as guilty of four separate acts of misconduct when the evidence supported only one: leaving the workplace early without permission. The other charges were either consequences of the first or lacked evidentiary support. The Court held that the disciplinary code prescribed a written warning for a first offence of this nature, and the sanction of dismissal was unjustifiable. The evidence showed that the third respondent had authority to delegate his duties to Mr Khoza, and there was no reasonable basis to fault this delegation. The breakdown of the bus, not the third respondent's absence, was the...

Citation
[2007] ZALAC 14
Parties
Appellant: Apron Services (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: W Ferreira N.O.; Respondent: Nelson Mawelele
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
15 June 2007
Case Number
JA18/05
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award
Outcome
Appeal dismissed. Arbitration award set aside. Third respondent reinstated with a final written warning. No order as to costs.
Judges
Zondo JP, Kruger AJA, R Pillay AJA
Legal Topics
Unfair Dismissal, Disciplinary Code, Splitting of Charges, Reinstatement, Arbitration Review
Labour Law Civil Procedure Unfair Dismissal Disciplinary Code Splitting of Charges Reinstatement Arbitration Review

Case Brief

Summary, issues, holding and outcome

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Parties

Apron Services (Pty) Ltd

Appellant

Commission for Conciliation, Mediation and Arbitration

Respondent

W Ferreira N.O.

Respondent

Nelson Mawelele

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Reviewing and Setting Aside Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of the third respondent was substantively and procedurally fair.
  2. 2 Whether the commissioner erred by splitting charges and finding the third respondent guilty of multiple acts of misconduct.
  3. 3 Whether the sanction of dismissal was appropriate for the misconduct proven.

Ratio Decidendi

The Labour Appeal Court found that the commissioner erred in treating the third respondent as guilty of four separate acts of misconduct when the evidence supported only one: leaving the workplace early without permission. The other charges were either consequences of the first or lacked evidentiary support. The Court held that the disciplinary code prescribed a written warning for a first offence of this nature, and the sanction of dismissal was unjustifiable. The evidence showed that the third respondent had authority to delegate his duties to Mr Khoza, and there was no reasonable basis to fault this delegation. The breakdown of the bus, not the third respondent's absence, was the...

Court Disposition

Appeal dismissed. Arbitration award set aside. Third respondent reinstated with a final written warning. No order as to costs.

Orders

  • The appeal is dismissed.
  • There is no order as to costs on appeal.