DBT Technologies (Pty) Ltd v Garnevska (JA61/2018) [2020] ZALAC 26; [2020] 9 BLLR 881 (LAC); (2020) 41 ILJ 2078 (LAC) (18 May 2020)

DBT Technologies (Pty) Ltd v Garnevska (JA61/2018) [2020] ZALAC 26; [2020] 9 BLLR 881 (LAC); (2020) 41 ILJ 2078 (LAC) (18 May 2020)

The court held that the respondent failed to prove that her dismissal was automatically unfair under section 187(1)(d) of the LRA. The evidence did not establish that the respondent took action against the employer, as contemplated by the section, prior to her dismissal. Filing a grievance about a fellow employee's conduct under a contractual grievance procedure does not amount to exercising a right conferred by the LRA or participating in proceedings under the LRA. The Labour Court therefore lacked jurisdiction to adjudicate the dispute as an automatically unfair dismissal. The proper forum for challenging the substantive fairness of the dismissal was arbitration under section 191(5)(a)...

Citation
[2020] ZALAC 26
Parties
Appellant: DBT Technologies (Pty) Ltd; Respondent: Mariela Garnevska
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
18 May 2020
Case Number
JA61/2018
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal upheld; Labour Court order set aside and substituted with an order dismissing the application.
Judges
Waglay, Sutherland, Murphy
Legal Topics
Automatically Unfair Dismissal, Section 187 Lra, Jurisdiction of Labour Court, Grievance Procedure, Compensation for Unfair Dismissal
Labour Law Automatically Unfair Dismissal Section 187 Lra Jurisdiction of Labour Court Grievance Procedure Compensation for Unfair Dismissal

Case Brief

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Parties

DBT Technologies (Pty) Ltd

Appellant

Mariela Garnevska

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the respondent's dismissal was automatically unfair in terms of section 187(1)(d) of the LRA.
  2. 2 Whether the disciplinary process and subsequent dismissal were a direct consequence of the grievance filed by the respondent.
  3. 3 Whether the Labour Court had jurisdiction to determine the dispute as an automatically unfair dismissal.

Ratio Decidendi

The court held that the respondent failed to prove that her dismissal was automatically unfair under section 187(1)(d) of the LRA. The evidence did not establish that the respondent took action against the employer, as contemplated by the section, prior to her dismissal. Filing a grievance about a fellow employee's conduct under a contractual grievance procedure does not amount to exercising a right conferred by the LRA or participating in proceedings under the LRA. The Labour Court therefore lacked jurisdiction to adjudicate the dispute as an automatically unfair dismissal. The proper forum for challenging the substantive fairness of the dismissal was arbitration under section 191(5)(a)...

Court Disposition

Appeal upheld; Labour Court order set aside and substituted with an order dismissing the application.

Orders

  • The appeal is upheld.
  • The order of the Labour Court is set aside.