Boxer Superstores (Pty) Ltd v Mohlala NO and Others (D 628/07) [2009] ZALC 242 (11 December 2009)

Boxer Superstores (Pty) Ltd v Mohlala NO and Others (D 628/07) [2009] ZALC 242 (11 December 2009)

The court found that the First Respondent committed a reviewable irregularity by relying on an alleged contradiction in Mbatha's evidence without putting the relevant extract to him in cross-examination. The First Respondent also erred in dismissing Nhlapo's evidence as rehearsed without proper basis. The court accepted the evidence of the Applicant's witnesses and concluded that the Third Respondent was guilty of the misconduct alleged. Given the Third Respondent's disciplinary history, the sanction of dismissal was appropriate. The award was set aside and substituted with a finding that the dismissal was fair.

Citation
[2009] ZALC 242
Parties
Applicant: Boxer Superstores (Pty) Limited; Respondent: Commissioner Arnause Mohlala N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Simon Lesiba Mahlangu
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
11 December 2009
Case Number
D 628/07
Procedural Posture
Review Application / Judgment
Outcome
The review application succeeded; the arbitration award was set aside and substituted with a finding that the dismissal was fair.
Judges
Conradie AJ
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Evidentiary Irregularity
Labour Law Unfair Dismissal Review of Arbitration Award Evidentiary Irregularity

Case Brief

Summary, issues, holding and outcome

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Parties

Boxer Superstores (Pty) Limited

Applicant

Commissioner Arnause Mohlala N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Simon Lesiba Mahlangu

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award issued by the First Respondent was vitiated by reviewable irregularities.
  2. 2 Whether the evidence of the Applicant's witnesses was improperly rejected.
  3. 3 Whether the dismissal of the Third Respondent was substantively and procedurally fair.

Ratio Decidendi

The court found that the First Respondent committed a reviewable irregularity by relying on an alleged contradiction in Mbatha's evidence without putting the relevant extract to him in cross-examination. The First Respondent also erred in dismissing Nhlapo's evidence as rehearsed without proper basis. The court accepted the evidence of the Applicant's witnesses and concluded that the Third Respondent was guilty of the misconduct alleged. Given the Third Respondent's disciplinary history, the sanction of dismissal was appropriate. The award was set aside and substituted with a finding that the dismissal was fair.

Court Disposition

The review application succeeded; the arbitration award was set aside and substituted with a finding that the dismissal was fair.

Orders

  • The First Respondent's award under case number MP2554-04 is reviewed and set aside.
  • The award is substituted with the order: 'The dismissal of the Applicant Simon Lesiba Mahlangu, by the Respondent, Boxer Superstores (Pty) Ltd, was fair.'