Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14 March 2023)

Clicks Retailers (Pty) Ltd v Madikwe and Others (JR 1924/19) [2023] ZALCJHB 67 (14 March 2023)

The Labour Court held that the commissioner properly applied her mind to all relevant evidence, including the testimony of the Store Manager, who admitted responsibility and negligence regarding the Standard Operating Procedures. The applicant's interpretation of 'management' as a collective unit was rejected as...

Source-derived case information.

Citation
[2023] ZALCJHB 67
Parties
Applicant: Clicks Retailers (Pty) Ltd; Respondent: Tshepang Vincent Madikwe; Respondent: Xolani Ntuli; Respondent: The CCMA; Respondent: Nomsa Mbileni N. O
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 March 2023
Case Number
JR 1924/19
Procedural Posture
Review Application / Judgment
Outcome
Application for review dismissed; arbitration award stands.
Judges
G N Moshoana
Legal Topics
Unfair Dismissal, Arbitration Review, Substantive Fairness, Standard Operating Procedures
Labour Law Unfair Dismissal Arbitration Review Substantive Fairness Standard Operating Procedures

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Summary, issues, holding and outcome

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Parties

Clicks Retailers (Pty) Ltd

Applicant

Tshepang Vincent Madikwe

Respondent

Xolani Ntuli

Respondent

The CCMA

Respondent

Nomsa Mbileni N. O

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award finding the dismissal of the managers substantively unfair is reviewable on the grounds advanced by the applicant.
  2. 2 Whether the commissioner failed to apply her mind to the evidence and committed a material error of law.
  3. 3 Whether the interpretation of 'management' in the Standard Operating Procedures justified dismissal for dereliction of duty.

Ratio Decidendi

The Labour Court held that the commissioner properly applied her mind to all relevant evidence, including the testimony of the Store Manager, who admitted responsibility and negligence regarding the Standard Operating Procedures. The applicant's interpretation of 'management' as a collective unit was rejected as absurd when the document was read as a whole. The commissioner’s finding that the dismissed managers were not guilty of dereliction of duty was reasonable and justified by the evidence. The applicant’s grounds for review amounted to an appeal on the merits rather than a proper review, and no material error of law or failure to consider relevant evidence was established. The...

Court Disposition

Application for review dismissed; arbitration award stands.

Orders

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