Eastern Cape Treasury Department v GPSSBC and Others (PR175/15) [2017] ZALCPE 4 (28 March 2017)

Eastern Cape Treasury Department v GPSSBC and Others (PR175/15) [2017] ZALCPE 4 (28 March 2017)

The court found that the arbitrator did not commit misconduct or misdirect himself in his factual findings. The employee was not present at the executive meeting, was not required to attend, and was not given any instruction to pay salaries without budget. Her actions were consistent with her statutory obligations, and the arbitrator's conclusion that she was not grossly negligent was reasonable. The argument that the brevity of the award indicated a failure to consider material facts was rejected, as the evidence was straightforward and the arbitrator's reasoning was sound. The court further held that the reinstatement order was appropriate under section 193 of the LRA, as none of the...

Citation
[2017] ZALCPE 4
Parties
Applicant: Eastern Cape Treasury Department; Respondent: GPSSBC; Respondent: Solomzi Mpiko N.O.; Respondent: Mendoe Dukada
Court
Labour Court Port Elizabeth
Jurisdiction
South Africa
Judgment Date
28 March 2017
Case Number
PR175/15
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed with costs, including wasted costs occasioned by the postponement, which are to be paid by the applicant's attorney de bonis propriis.
Judges
A Steenkamp
Legal Topics
Unfair Dismissal, Gross Negligence, Reinstatement, Costs De Bonis Propriis, Section 193 Lra
Labour Law Civil Procedure Unfair Dismissal Gross Negligence Reinstatement Costs De Bonis Propriis Section 193 Lra

Case Brief

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Parties

Eastern Cape Treasury Department

Applicant

GPSSBC

Respondent

Solomzi Mpiko N.O.

Respondent

Mendoe Dukada

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed misconduct in relation to his duty as arbitrator.
  2. 2 Whether the arbitrator's factual findings were unreasonable or constituted a reviewable irregularity.
  3. 3 Whether the reinstatement order was appropriate under section 193 of the LRA.

Ratio Decidendi

The court found that the arbitrator did not commit misconduct or misdirect himself in his factual findings. The employee was not present at the executive meeting, was not required to attend, and was not given any instruction to pay salaries without budget. Her actions were consistent with her statutory obligations, and the arbitrator's conclusion that she was not grossly negligent was reasonable. The argument that the brevity of the award indicated a failure to consider material facts was rejected, as the evidence was straightforward and the arbitrator's reasoning was sound. The court further held that the reinstatement order was appropriate under section 193 of the LRA, as none of the...

Court Disposition

Application for review dismissed with costs, including wasted costs occasioned by the postponement, which are to be paid by the applicant's attorney de bonis propriis.

Orders

  • The application for review is dismissed with costs, including the wasted costs occasioned by the postponement on 24 November 2016.
  • The wasted costs occasioned by the postponement on 24 November 2016 are to be paid by the applicant's attorney, Mr Ike Motloung, de bonis propriis on an attorney and client scale.