Bam v Safety and Security Sectoral Bargaining Council and Others (C148/2017) [2025] ZALCCT 3 (8 January 2025)

Bam v Safety and Security Sectoral Bargaining Council and Others (C148/2017) [2025] ZALCCT 3 (8 January 2025)

The court found that the arbitrator's decision to uphold the dismissal was reasonable and supported by the evidence. The applicant's version of events was contrived and implausible, and the arbitrator was justified in preferring the employer's witnesses. The refusal to allow further cross-examination was not a reviewable irregularity, as all relevant information was available during the initial proceedings. The introduction of new factual allegations in the review application was impermissible and disregarded. The arbitrator correctly found that the trust relationship had broken down and that the applicant's conduct warranted dismissal. The review application was dismissed.

Citation
[2025] ZALCCT 3
Parties
Applicant: Noreen Bam; Respondent: Safety and Security Sectoral Bargaining Council; Respondent: J P Hanekom (N.O.); Respondent: The Minister of Police (N.O.); Respondent: The National Commissioner of the South African Police Service (N.O.)
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
8 January 2025
Case Number
C148/2017
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application to review the arbitration award dismissed.
Judges
R Lagrange
Legal Topics
Unfair Dismissal, Misconduct, Dishonesty, Disciplinary Procedure, Trust Relationship Breakdown
Labour Law Unfair Dismissal Misconduct Dishonesty Disciplinary Procedure Trust Relationship Breakdown

Case Brief

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Parties

Noreen Bam

Applicant

Safety and Security Sectoral Bargaining Council

Respondent

J P Hanekom (N.O.)

Respondent

The Minister of Police (N.O.)

Respondent

The National Commissioner of the South African Police Service (N.O.)

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award upholding the substantive fairness of the applicant's dismissal was reviewable.
  2. 2 Whether the arbitrator erred in refusing further cross-examination of a key witness.
  3. 3 Whether the arbitrator failed to consider the applicant's intention in providing a false name.

Ratio Decidendi

The court found that the arbitrator's decision to uphold the dismissal was reasonable and supported by the evidence. The applicant's version of events was contrived and implausible, and the arbitrator was justified in preferring the employer's witnesses. The refusal to allow further cross-examination was not a reviewable irregularity, as all relevant information was available during the initial proceedings. The introduction of new factual allegations in the review application was impermissible and disregarded. The arbitrator correctly found that the trust relationship had broken down and that the applicant's conduct warranted dismissal. The review application was dismissed.

Court Disposition

Application to review the arbitration award dismissed.

Orders

  • The application to review the arbitration award of the Third Respondent issued on 8 February 2017 under case number PSSS 394-15/16 is dismissed.
  • No order is made as to costs.