Defensor Security v Mabalane NO and Others (JR922/07) [2009] ZALC 188 (30 January 2009)

Defensor Security v Mabalane NO and Others (JR922/07) [2009] ZALC 188 (30 January 2009)

The court held that the commissioner was faced with two mutually destructive versions regarding the alleged dismissal. The commissioner assessed the evidence and made a credibility finding in favour of the third respondent, whose version was more probable. The applicant failed to charge the third respondent with absconding and did not follow proper procedures. The commissioner’s decision was found to be reasonable and within the bounds of the Sidumo test. The review application was dismissed as the applicant did not establish grounds for review under the applicable legal principles.

Citation
[2009] ZALC 188
Parties
Applicant: Defensor Security; Respondent: Steven Mabalane N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Sanki Joseph Liphoko
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
30 January 2009
Case Number
JR922/07
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Francis
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Reasonableness Test, Procedural Fairness
Labour Law Unfair Dismissal Review of Arbitration Award Reasonableness Test Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Defensor Security

Applicant

Steven Mabalane N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Sanki Joseph Liphoko

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the commissioner’s finding that the third respondent was unfairly dismissed was reasonable.
  2. 2 Whether the arbitration award should be set aside on review.
  3. 3 Whether the applicant dismissed the third respondent or he left employment voluntarily.

Ratio Decidendi

The court held that the commissioner was faced with two mutually destructive versions regarding the alleged dismissal. The commissioner assessed the evidence and made a credibility finding in favour of the third respondent, whose version was more probable. The applicant failed to charge the third respondent with absconding and did not follow proper procedures. The commissioner’s decision was found to be reasonable and within the bounds of the Sidumo test. The review application was dismissed as the applicant did not establish grounds for review under the applicable legal principles.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.