Bravo Group Manufactures (Pty) Ltd v Subramoney NO and Others (D749/2013) [2015] ZALCD 13 (5 February 2015)

Bravo Group Manufactures (Pty) Ltd v Subramoney NO and Others (D749/2013) [2015] ZALCD 13 (5 February 2015)

The court found that the applicant failed to establish grounds to disturb the Commissioner's award. The evidence showed that the third respondent was asked to take on additional duties previously performed by other staff, and his request for a salary review was reasonable given the increased workload. The Commissioner correctly determined that the instruction was unreasonable without consultation and that the third respondent was not insubordinate or defiant. The compensation awarded was justified by the third respondent's 14 years of service and the fact that he did not seek reinstatement. The applicant's criticisms regarding the compensation lacked merit, and the Commissioner was not...

Citation
[2015] ZALCD 13
Parties
Applicant: Bravo Group Manufacturers (Pty) Ltd; Respondent: Vino Subramoney N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Azmath Nabee Bukus
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
5 February 2015
Case Number
D749/2013
Procedural Posture
Review Application / Reasons for Order Following Dismissal of Review Application
Outcome
Review application dismissed; Commissioner's award upheld.
Judges
Mooki
Legal Topics
Unfair Dismissal, Compensation Award, Substantive Fairness, Insubordination, Job Description, Remuneration Review
Labour Law Unfair Dismissal Compensation Award Substantive Fairness Insubordination Job Description Remuneration Review

Case Brief

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Parties

Bravo Group Manufacturers (Pty) Ltd

Applicant

Vino Subramoney N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Azmath Nabee Bukus

Respondent

Procedural Posture

Review Application / Reasons for Order Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the dismissal of the third respondent was substantively unfair.
  2. 2 Whether the instruction to follow up on proof of delivery notes fell within the third respondent's job description.
  3. 3 Whether the compensation awarded by the Commissioner was justified.

Ratio Decidendi

The court found that the applicant failed to establish grounds to disturb the Commissioner's award. The evidence showed that the third respondent was asked to take on additional duties previously performed by other staff, and his request for a salary review was reasonable given the increased workload. The Commissioner correctly determined that the instruction was unreasonable without consultation and that the third respondent was not insubordinate or defiant. The compensation awarded was justified by the third respondent's 14 years of service and the fact that he did not seek reinstatement. The applicant's criticisms regarding the compensation lacked merit, and the Commissioner was not...

Court Disposition

Review application dismissed; Commissioner's award upheld.

Orders

  • The review application is dismissed.
  • The award of compensation to the third respondent in the amount of R70,240 is upheld.