Draken Industries CC v Maande and Others (JA69/2013) [2014] ZALAC 42 (19 August 2014)

Draken Industries CC v Maande and Others (JA69/2013) [2014] ZALAC 42 (19 August 2014)

The Labour Appeal Court held that the commissioner’s decision was one that a reasonable decision-maker could reach. The evidence before the commissioner consisted of two mutually destructive versions regarding the alleged misconduct during the strike. Upon evaluating the totality of the evidence, the probabilities favoured the employees’ version, and the appellant failed to prove the alleged misconduct or that the trust relationship was irretrievably broken. The commissioner’s reference to section 186(1)(d) of the LRA did not distort the reasoning or the real issue. The Labour Court correctly found that the award fell within the band of reasonableness. Reinstatement was found to be a...

Citation
[2014] ZALAC 42
Parties
Appellant: Draken Industries CC; Respondent: Commissioner AC Maande; Respondent: National Bargaining Council for the Wood and Paper Sector; Respondent: CEPPWAWU obo B Mathole & 16 others
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
19 August 2014
Case Number
JA69/2013
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application
Outcome
Appeal dismissed with costs.
Judges
Molemela, Davis, Sutherland
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Reinstatement, Picketing Rules, Mutually Destructive Evidence
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Reinstatement Picketing Rules Mutually Destructive Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Draken Industries CC

Appellant

Commissioner AC Maande

Respondent

National Bargaining Council for the Wood and Paper Sector

Respondent

CEPPWAWU obo B Mathole & 16 others

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review Application

Legal Issues

  1. 1 Whether the commissioner’s finding of substantive unfairness in the dismissal of employees was reasonable.
  2. 2 Whether reinstatement was an appropriate remedy given the alleged breakdown of the trust relationship.
  3. 3 Whether the Labour Court correctly dismissed the review application.

Ratio Decidendi

The Labour Appeal Court held that the commissioner’s decision was one that a reasonable decision-maker could reach. The evidence before the commissioner consisted of two mutually destructive versions regarding the alleged misconduct during the strike. Upon evaluating the totality of the evidence, the probabilities favoured the employees’ version, and the appellant failed to prove the alleged misconduct or that the trust relationship was irretrievably broken. The commissioner’s reference to section 186(1)(d) of the LRA did not distort the reasoning or the real issue. The Labour Court correctly found that the award fell within the band of reasonableness. Reinstatement was found to be a...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.