Devraj v Unitrans Passenger (Pty) Ltd t/a Greyhound Coach Lines and Others (D1154/13) [2015] ZALCD 41 (10 July 2015)

Devraj v Unitrans Passenger (Pty) Ltd t/a Greyhound Coach Lines and Others (D1154/13) [2015] ZALCD 41 (10 July 2015)

The court found that the applicant admitted to making threatening utterances towards a hotel employee while on duty and representing the employer. The arbitrator was entitled to find that the nature of the threat was serious, regardless of the exact words used. The applicant's conduct had the potential to bring the employer's name into disrepute and jeopardize business relationships. The employer's disciplinary code permitted dismissal for such misconduct, and the arbitrator's decision was not unreasonable. The court held that the applicant's arguments regarding mitigating factors and progressive discipline did not outweigh the seriousness of the misconduct. The review application was...

Citation
[2015] ZALCD 41
Parties
Applicant: Desmond Emmanuel Devraj; Respondent: Unitrans Passenger (Pty) Ltd t/a Greyhound Coach Lines; Respondent: South African Road Passenger Bargaining Council; Respondent: Dr Hilda Grobler
Court
Labour Court Durban
Jurisdiction
South Africa
Judgment Date
10 July 2015
Case Number
D1154/13
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed.
Judges
Cele
Legal Topics
Unfair Dismissal, Threatening Behaviour, Procedural Fairness, Progressive Discipline
Labour Law Unfair Dismissal Threatening Behaviour Procedural Fairness Progressive Discipline

Case Brief

Summary, issues, holding and outcome

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Parties

Desmond Emmanuel Devraj

Applicant

Unitrans Passenger (Pty) Ltd t/a Greyhound Coach Lines

Respondent

South African Road Passenger Bargaining Council

Respondent

Dr Hilda Grobler

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant was one that a reasonable decision maker could not have reached.
  2. 2 Whether the applicant's dismissal for threatening behaviour was substantively and procedurally fair.
  3. 3 Whether the sanction of dismissal was appropriate in the circumstances.

Ratio Decidendi

The court found that the applicant admitted to making threatening utterances towards a hotel employee while on duty and representing the employer. The arbitrator was entitled to find that the nature of the threat was serious, regardless of the exact words used. The applicant's conduct had the potential to bring the employer's name into disrepute and jeopardize business relationships. The employer's disciplinary code permitted dismissal for such misconduct, and the arbitrator's decision was not unreasonable. The court held that the applicant's arguments regarding mitigating factors and progressive discipline did not outweigh the seriousness of the misconduct. The review application was...

Court Disposition

Review application dismissed.

Orders

  • The review application is dismissed.
  • No costs order is made.