Dischem Pharmacies (Pty) Ltd v Ramashela and Others (JR 978/09) [2011] ZALCJHB 137 (20 September 2011)

Dischem Pharmacies (Pty) Ltd v Ramashela and Others (JR 978/09) [2011] ZALCJHB 137 (20 September 2011)

The court found that the applicant’s explanation for the delay in filing the review application was acceptable in respect of the rescission and variation applications and subsequent legal advice. The applicant demonstrated excellent prospects of success, and the matter was of public importance. The commissioner’s findings were not supported by the evidence, particularly regarding gross insubordination and unacceptable behaviour. The employee failed to follow repeated lawful instructions, had a history of warnings, and engaged in an altercation with a customer, demonstrating disregard for authority and poor customer service. The commissioner’s conclusion that the employee eventually...

Citation
[2011] ZALCJHB 137
Parties
Applicant: Dischem Pharmacies (Pty) Ltd; Respondent: Ramashela Meisie; Respondent: Ntsoane D N.O.; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 September 2011
Case Number
JR 978/09
Procedural Posture
Review Application / Judgment on Condonation and Review
Outcome
Condonation for the late filing of the review application is granted. The arbitration award is reviewed and set aside. The dismissal of the employee is declared procedurally and substantively fair. No costs order is made.
Judges
Reddy AJ
Legal Topics
Unfair Dismissal, Condonation, Gross Insubordination, Poor Customer Service, Procedural Fairness
Labour Law Unfair Dismissal Condonation Gross Insubordination Poor Customer Service Procedural Fairness

Case Brief

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Parties

Dischem Pharmacies (Pty) Ltd

Applicant

Ramashela Meisie

Respondent

Ntsoane D N.O.

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment on Condonation and Review

Legal Issues

  1. 1 Whether condonation for the late filing of the review application should be granted.
  2. 2 Whether the arbitration award was reasonable and supported by the evidence.
  3. 3 Whether the employee was guilty of gross insubordination and unacceptable behaviour.

Ratio Decidendi

The court found that the applicant’s explanation for the delay in filing the review application was acceptable in respect of the rescission and variation applications and subsequent legal advice. The applicant demonstrated excellent prospects of success, and the matter was of public importance. The commissioner’s findings were not supported by the evidence, particularly regarding gross insubordination and unacceptable behaviour. The employee failed to follow repeated lawful instructions, had a history of warnings, and engaged in an altercation with a customer, demonstrating disregard for authority and poor customer service. The commissioner’s conclusion that the employee eventually...

Court Disposition

Condonation for the late filing of the review application is granted. The arbitration award is reviewed and set aside. The dismissal of the employee is declared procedurally and substantively fair. No costs order is made.

Orders

  • Condonation for the late filing of the review application is granted.
  • The arbitration award under case number GATW 7899-08 is reviewed and set aside.