Batswana v Saba and Others (JR618/13) [2015] ZALCJHB 203 (10 July 2015)

Batswana v Saba and Others (JR618/13) [2015] ZALCJHB 203 (10 July 2015)

The court found that the arbitrator's conclusion that the dismissal was substantively unfair was reasonable and correct. The evidence presented by the applicant was insufficient to prove that the first respondent was under the influence of alcohol to the extent that his faculties were impaired and he was incapable of performing his duties. The breathalyser test only established that the first respondent had consumed alcohol, not that he was intoxicated as charged. The arbitrator applied her mind to the central issue and, despite making some incorrect findings, arrived at a conclusion that a reasonable commissioner could have reached. The application for review was therefore dismissed.

Citation
[2015] ZALCJHB 203
Parties
Applicant: Thaba ya Batswana; Respondent: Stanley Dumisa Saba; Respondent: Commissioner for Conciliation, Mediation and Arbitration; Respondent: Commissioner Nonceba Caroline Hlabla
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
10 July 2015
Case Number
JR618/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed; no order as to costs.
Judges
Hulley
Legal Topics
Unfair Dismissal, Substantive Fairness, Procedural Fairness, Intoxication at Work, Burden of Proof, Disciplinary Procedure
Labour Law Unfair Dismissal Substantive Fairness Procedural Fairness Intoxication at Work Burden of Proof Disciplinary Procedure

Case Brief

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Parties

Thaba ya Batswana

Applicant

Stanley Dumisa Saba

Respondent

Commissioner for Conciliation, Mediation and Arbitration

Respondent

Commissioner Nonceba Caroline Hlabla

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award finding the dismissal substantively unfair was reasonable.
  2. 2 Whether sufficient evidence was led to prove the first respondent was under the influence of alcohol and incapable of performing his duties.
  3. 3 Whether the arbitrator misconceived the nature of the inquiry or failed to properly assess the evidence.

Ratio Decidendi

The court found that the arbitrator's conclusion that the dismissal was substantively unfair was reasonable and correct. The evidence presented by the applicant was insufficient to prove that the first respondent was under the influence of alcohol to the extent that his faculties were impaired and he was incapable of performing his duties. The breathalyser test only established that the first respondent had consumed alcohol, not that he was intoxicated as charged. The arbitrator applied her mind to the central issue and, despite making some incorrect findings, arrived at a conclusion that a reasonable commissioner could have reached. The application for review was therefore dismissed.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.