Dolo v Commission for Conciliation, Mediation and Arbitration and Others (JR 1655/07) [2010] ZALC 148; (2011) 32 ILJ 905 (LC) (19 October 2010)

Dolo v Commission for Conciliation, Mediation and Arbitration and Others (JR 1655/07) [2010] ZALC 148; (2011) 32 ILJ 905 (LC) (19 October 2010)

The court found that the applicant's involvement in a fraudulent scheme, although not directed against her employer, undermined her integrity and trustworthiness, which are essential for her position involving cash handling. The arbitrator's decision to redeploy the applicant rather than reinstate her in her original position was reasonable and justified. The applicant's statement under section 204 of the Criminal Procedure Act constituted an admission of involvement in fraudulent conduct, and her explanations for ignorance were not credible. The delays in prosecuting the review application were primarily due to the applicant's inactivity, but since the final steps were eventually...

Citation
[2010] ZALC 148
Parties
Applicant: Nkele Dolo; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Commissioner S Mthethwa N.O.; Respondent: Gold Reef City Casino
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 October 2010
Case Number
JR 1655/07
Procedural Posture
Review Application / Judgment on Review and Rule 11 Dismissal Application
Outcome
The applicant's review application is dismissed. The third respondent's Rule 11 application is dismissed. The applicant is ordered to pay the third respondent's wasted costs incurred in bringing the Rule 11 application.
Judges
Lagrange
Legal Topics
Review of Arbitration Award, Misconduct Outside Workplace, Trust Relationship, Rule 11 Application, Condonation for Late Filing
Labour Law Civil Procedure Review of Arbitration Award Misconduct Outside Workplace Trust Relationship Rule 11 Application Condonation for Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Nkele Dolo

Applicant

Commission for Conciliation, Mediation and Arbitration

Respondent

Commissioner S Mthethwa N.O.

Respondent

Gold Reef City Casino

Respondent

Procedural Posture

Review Application / Judgment on Review and Rule 11 Dismissal Application

Legal Issues

  1. 1 Whether the arbitrator's award should be set aside on review.
  2. 2 Whether misconduct outside the workplace justified disciplinary action and redeployment.
  3. 3 Whether the applicant's statement under section 204 of the Criminal Procedure Act constituted an admission of guilt.

Ratio Decidendi

The court found that the applicant's involvement in a fraudulent scheme, although not directed against her employer, undermined her integrity and trustworthiness, which are essential for her position involving cash handling. The arbitrator's decision to redeploy the applicant rather than reinstate her in her original position was reasonable and justified. The applicant's statement under section 204 of the Criminal Procedure Act constituted an admission of involvement in fraudulent conduct, and her explanations for ignorance were not credible. The delays in prosecuting the review application were primarily due to the applicant's inactivity, but since the final steps were eventually...

Court Disposition

The applicant's review application is dismissed. The third respondent's Rule 11 application is dismissed. The applicant is ordered to pay the third respondent's wasted costs incurred in bringing the Rule 11 application.

Orders

  • The third respondent's Rule 11 application is dismissed.
  • The applicant's review application is dismissed.