Daniel v Moni Natasha N.O and Others (JR 74/18) [2022] ZALCJHB 27 (14 February 2022)

Daniel v Moni Natasha N.O and Others (JR 74/18) [2022] ZALCJHB 27 (14 February 2022)

The court found that the commissioner’s decision was reasonable and supported by the evidence, including photographic and oral testimony that the applicant failed to comply with established safety protocols by not attaching himself to the lifeline while working on the roof. The applicant’s version regarding scaffolding was found improbable and unsupported by the record. The process for in camera testimony was justified due to genuine fear of intimidation, and the applicant was afforded an opportunity to cross-examine the witnesses. The commissioner’s consideration of the final written warning was reasonable, as it was valid and related to similar misconduct. The applicant failed to...

Citation
[2022] ZALCJHB 27
Parties
Applicant: Khakha Tseliso Daniel; Respondent: Moni Natasha N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Lalela Logistics (Pty) Ltd t/a A & I Sheeting Erectors
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 February 2022
Case Number
JR 74/18
Procedural Posture
Review Application / Judgment on Review and Condonation
Outcome
Application for review and setting aside of the arbitration award is dismissed.
Judges
D Mahosi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Condonation, Health and Safety Regulations
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Condonation Health and Safety Regulations

Case Brief

Summary, issues, holding and outcome

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Parties

Khakha Tseliso Daniel

Applicant

Moni Natasha N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Lalela Logistics (Pty) Ltd t/a A & I Sheeting Erectors

Respondent

Procedural Posture

Review Application / Judgment on Review and Condonation

Legal Issues

  1. 1 Whether the commissioner committed a gross irregularity in finding the applicant's dismissal substantively fair.
  2. 2 Whether the commissioner failed to adhere to clause 12.8 of the CCMA Practice and Procedure Manual regarding in camera testimony.
  3. 3 Whether it was unreasonable for the commissioner to consider disputed final warnings.

Ratio Decidendi

The court found that the commissioner’s decision was reasonable and supported by the evidence, including photographic and oral testimony that the applicant failed to comply with established safety protocols by not attaching himself to the lifeline while working on the roof. The applicant’s version regarding scaffolding was found improbable and unsupported by the record. The process for in camera testimony was justified due to genuine fear of intimidation, and the applicant was afforded an opportunity to cross-examine the witnesses. The commissioner’s consideration of the final written warning was reasonable, as it was valid and related to similar misconduct. The applicant failed to...

Court Disposition

Application for review and setting aside of the arbitration award is dismissed.

Orders

  • The application to review and set aside the arbitration award dated 22 December 2017 under case number GAJB 10146/17 is dismissed.
  • There is no order as to costs.