Banda v Safety And Security Sectoral Bargaining Council and Others (JR 2974/09) [2015] ZALCJHB 61 (27 February 2015)

Banda v Safety And Security Sectoral Bargaining Council and Others (JR 2974/09) [2015] ZALCJHB 61 (27 February 2015)

The court found that the arbitrator properly identified and evaluated the conflicting versions of events presented by the parties, weighing the probabilities and credibility of each. The applicant's version was not put to key witnesses during cross-examination and was therefore untested and unreliable. The arbitrator did not apply the doctrine of common purpose but instead found the applicant's version improbable and accepted the version of the respondent's witness as the true account. The coincidence of all accused possessing similar large sums of money after the incident further undermined the applicant's explanation. The court held that the arbitrator's award was reasonable and...

Citation
[2015] ZALCJHB 61
Parties
Applicant: Petrus Banda; Respondent: Safety And Security Sectoral Bargaining Council; Respondent: Joyce Tohlang N.O.; Respondent: South African Police Services
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2015
Case Number
JR 2974/09
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The applicant's review application is dismissed.
Judges
Lancaster
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Gross Irregularity, Common Purpose, Evidentiary Burden
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Gross Irregularity Common Purpose Evidentiary Burden

Case Brief

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Parties

Petrus Banda

Applicant

Safety And Security Sectoral Bargaining Council

Respondent

Joyce Tohlang N.O.

Respondent

South African Police Services

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant's unfair dismissal claim is reviewable under section 145 of the Labour Relations Act.
  2. 2 Whether the arbitrator committed a gross irregularity or misconduct in evaluating conflicting evidence.
  3. 3 Whether the doctrine of common purpose was correctly applied to the applicant's conduct.

Ratio Decidendi

The court found that the arbitrator properly identified and evaluated the conflicting versions of events presented by the parties, weighing the probabilities and credibility of each. The applicant's version was not put to key witnesses during cross-examination and was therefore untested and unreliable. The arbitrator did not apply the doctrine of common purpose but instead found the applicant's version improbable and accepted the version of the respondent's witness as the true account. The coincidence of all accused possessing similar large sums of money after the incident further undermined the applicant's explanation. The court held that the arbitrator's award was reasonable and...

Court Disposition

The applicant's review application is dismissed.

Orders

  • The applicant's review application is dismissed.
  • There is no order as to costs.