Astral Operations Ltd v Bestel and Others (JR1502/05) [2007] ZALCJHB 12 (30 November 2007)

Astral Operations Ltd v Bestel and Others (JR1502/05) [2007] ZALCJHB 12 (30 November 2007)

The court found that the commissioner failed to properly consider material evidence and misdirected himself in his findings. Bradley's inference from Bestel's instructions to 'find' a positive result was reasonable given the insistence despite the absence of such a report. Contradictions in Bestel's evidence regarding his awareness of the falsification were material and should have alerted the commissioner. The evidence supported a motive for falsifying the report to benefit Meadowfeeds. The commissioner unjustifiably preferred an innocent explanation for Bestel's failure to insist on disciplinary action. Consequently, the arbitration award was unreasonable and fell to be reviewed and set...

Citation
[2007] ZALCJHB 12
Parties
Applicant: Astral Operations Limited; Respondent: G Bestel; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Seggie R (Commissioner)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
30 November 2007
Case Number
JR1502/05
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award was reviewed and set aside. Costs were awarded against the first respondent.
Judges
Pillay D
Legal Topics
Substantive Unfair Dismissal, Review of Arbitration Award, Dishonesty in Employment, Gross Negligence
Labour Law Civil Procedure Substantive Unfair Dismissal Review of Arbitration Award Dishonesty in Employment Gross Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Astral Operations Limited

Applicant

G Bestel

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Seggie R (Commissioner)

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal of Bestel substantively unfair was reasonable.
  2. 2 Whether the commissioner failed to consider material evidence regarding dishonesty and gross negligence.
  3. 3 Whether the commissioner misdirected himself in accepting an innocent explanation for Bestel's conduct.

Ratio Decidendi

The court found that the commissioner failed to properly consider material evidence and misdirected himself in his findings. Bradley's inference from Bestel's instructions to 'find' a positive result was reasonable given the insistence despite the absence of such a report. Contradictions in Bestel's evidence regarding his awareness of the falsification were material and should have alerted the commissioner. The evidence supported a motive for falsifying the report to benefit Meadowfeeds. The commissioner unjustifiably preferred an innocent explanation for Bestel's failure to insist on disciplinary action. Consequently, the arbitration award was unreasonable and fell to be reviewed and set...

Court Disposition

The arbitration award was reviewed and set aside. Costs were awarded against the first respondent.

Orders

  • The arbitration award is reviewed and set aside.
  • The first respondent is ordered to pay the applicant's costs.