Communications Workers Union and Another v Commission for Conciliation and Others (JR1482/11) [2014] ZALCJHB 329 (22 August 2014)

Communications Workers Union and Another v Commission for Conciliation and Others (JR1482/11) [2014] ZALCJHB 329 (22 August 2014)

The court found that the arbitrator applied her mind to both the substantive and procedural issues raised. The disciplinary code permitted dismissal for serious insubordination, and the second applicant's conduct, including repeated breaches and lack of remorse, justified the sanction imposed. The arbitrator's decision was reasonable and supported by the evidence, including the applicant's history of absenteeism and disregard for employer instructions. Procedural challenges were dismissed as the arbitration was properly consolidated, witnesses were allowed to testify on matters not previously addressed, and reasonable efforts to reconstruct the record were made. The application for review...

Citation
[2014] ZALCJHB 329
Parties
Applicant: Communications Workers Union; Applicant: I Khala; Respondent: Commission for Conciliation Mediation and Arbitration; Respondent: Adv A H Swanepoel N.O.; Respondent: Telkom SA Limited
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 August 2014
Case Number
JR1482/11
Procedural Posture
Review Application / Judgment on Review Application Under Section 145 of the LRA
Outcome
The application to review the arbitration award is dismissed with costs.
Judges
Leppan
Legal Topics
Unfair Dismissal, Disciplinary Code Interpretation, Insubordination, Procedural Fairness, Arbitration Review, Remorse and Trust Relationship
Labour Law Civil Procedure Unfair Dismissal Disciplinary Code Interpretation Insubordination Procedural Fairness Arbitration Review Remorse and Trust Relationship

Case Brief

Summary, issues, holding and outcome

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Parties

Communications Workers Union

Applicant

I Khala

Applicant

Commission for Conciliation Mediation and Arbitration

Respondent

Adv A H Swanepoel N.O.

Respondent

Telkom SA Limited

Respondent

Procedural Posture

Review Application / Judgment on Review Application Under Section 145 of the LRA

Legal Issues

  1. 1 Whether the arbitrator failed to appreciate and apply the disciplinary code regarding the appropriate sanction for the misconduct in question.
  2. 2 Whether the arbitrator failed to consider evidence regarding the applicant's request for permission to attend shop steward duties.
  3. 3 Whether procedural irregularities occurred during the arbitration, including the participation of the employer's representative as a witness, the conduct of con/arb proceedings, and the adequacy of the record.

Ratio Decidendi

The court found that the arbitrator applied her mind to both the substantive and procedural issues raised. The disciplinary code permitted dismissal for serious insubordination, and the second applicant's conduct, including repeated breaches and lack of remorse, justified the sanction imposed. The arbitrator's decision was reasonable and supported by the evidence, including the applicant's history of absenteeism and disregard for employer instructions. Procedural challenges were dismissed as the arbitration was properly consolidated, witnesses were allowed to testify on matters not previously addressed, and reasonable efforts to reconstruct the record were made. The application for review...

Court Disposition

The application to review the arbitration award is dismissed with costs.

Orders

  • The application to review the decision is dismissed with costs.