Bader SA (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR438/13) [2016] ZALCJHB 550 (20 December 2016)

Bader SA (Pty) Ltd v Commission for Conciliation, Meditation and Arbitration and Others (JR438/13) [2016] ZALCJHB 550 (20 December 2016)

The Labour Court found that the Commissioner committed gross irregularities by refusing to consider the disciplinary record, contradicting himself regarding dishonesty, and failing to apply his mind to the evidence. The Commissioner unreasonably rejected credible evidence from the Applicant's witnesses and misconstrued the law on inconsistency and procedural fairness. The Court held that Moche's misconduct involved insubordination and dishonesty, which irretrievably breached the trust relationship. The disciplinary process was found to be procedurally fair, with sufficient clarity in the charge and reasonable attempts to consult the union. The arbitration award was not one a reasonable...

Citation
[2016] ZALCJHB 550
Parties
Applicant: Bader SA (Pty) Ltd; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner G. S. Jansen van Vuuren N.O.; Respondent: Collin Moche
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 December 2016
Case Number
JR438/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application is granted. The arbitration award is reviewed and set aside. The dismissal of Moche is declared procedurally and substantively fair.
Judges
Mothibi
Legal Topics
Unfair Dismissal, Insubordination, Dishonesty in Employment, Procedural Fairness, Trust Relationship, Disciplinary Inconsistency
Labour Law Unfair Dismissal Insubordination Dishonesty in Employment Procedural Fairness Trust Relationship Disciplinary Inconsistency

Case Brief

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Parties

Bader SA (Pty) Ltd

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner G. S. Jansen van Vuuren N.O.

Respondent

Collin Moche

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal of Moche to be procedurally and substantively unfair was reasonable.
  2. 2 Whether the Commissioner committed gross irregularities in his assessment of evidence and application of law.
  3. 3 Whether the dismissal of Moche was procedurally and substantively fair.

Ratio Decidendi

The Labour Court found that the Commissioner committed gross irregularities by refusing to consider the disciplinary record, contradicting himself regarding dishonesty, and failing to apply his mind to the evidence. The Commissioner unreasonably rejected credible evidence from the Applicant's witnesses and misconstrued the law on inconsistency and procedural fairness. The Court held that Moche's misconduct involved insubordination and dishonesty, which irretrievably breached the trust relationship. The disciplinary process was found to be procedurally fair, with sufficient clarity in the charge and reasonable attempts to consult the union. The arbitration award was not one a reasonable...

Court Disposition

The review application is granted. The arbitration award is reviewed and set aside. The dismissal of Moche is declared procedurally and substantively fair.

Orders

  • The award issued by the Commissioner under case number GATW9896-11 is reviewed and set aside.
  • The dismissal of the Third Respondent was procedurally and substantively fair.