Coetzee v Snqobile Equestrian Security Services (Pty) Ltd and Others (JR494/17) [2021] ZALCJHB 36 (28 January 2021)

Coetzee v Snqobile Equestrian Security Services (Pty) Ltd and Others (JR494/17) [2021] ZALCJHB 36 (28 January 2021)

The Commissioner misconstrued the nature of the enquiry and failed to address the appropriateness of the sanction of dismissal. The applicant acted on instructions, and any additional costs were not due to her dishonesty or negligence. Her long service and clean disciplinary record were not considered, and the evidence did not support a finding of irretrievable breakdown of the employment relationship. The outcome of the arbitration was unreasonable and the dismissal substantively unfair. Remitting the matter to the CCMA would be unjust given the time elapsed, and compensation is appropriate.

Citation
[2021] ZALCJHB 36
Parties
Applicant: Tertia Coetzee; Respondent: Snqobile Equestrian Security Services (Pty) Ltd; Respondent: Commissioner Sibongiseni Sithole; Respondent: Commission for Conciliation Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 January 2021
Case Number
JR494/17
Procedural Posture
Review Application / Judgment
Outcome
The arbitration award is reviewed and set aside. The applicant's dismissal is declared substantively unfair. Compensation and costs are awarded to the applicant.
Judges
Nkutha-Nkontwana
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Compensation, Procedural Fairness
Labour Law Unfair Dismissal Review of Arbitration Award Compensation Procedural Fairness

Case Brief

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Parties

Tertia Coetzee

Applicant

Snqobile Equestrian Security Services (Pty) Ltd

Respondent

Commissioner Sibongiseni Sithole

Respondent

Commission for Conciliation Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant's unfair dismissal claim was reasonable.
  2. 2 Whether the applicant's dismissal was substantively and procedurally fair.
  3. 3 Whether the sanction of dismissal was appropriate under the circumstances.

Ratio Decidendi

The Commissioner misconstrued the nature of the enquiry and failed to address the appropriateness of the sanction of dismissal. The applicant acted on instructions, and any additional costs were not due to her dishonesty or negligence. Her long service and clean disciplinary record were not considered, and the evidence did not support a finding of irretrievable breakdown of the employment relationship. The outcome of the arbitration was unreasonable and the dismissal substantively unfair. Remitting the matter to the CCMA would be unjust given the time elapsed, and compensation is appropriate.

Court Disposition

The arbitration award is reviewed and set aside. The applicant's dismissal is declared substantively unfair. Compensation and costs are awarded to the applicant.

Orders

  • The arbitration award under case number GAVL3306-16 and dated 1 February 2017 is reviewed and set aside and substituted with an order declaring the dismissal of Ms Tertia Coetzee substantively unfair.
  • The first respondent is to pay Ms Tertia Coetzee an amount of R240,000.00 not later than 14 February 2021.