Edcon Limited v Pillemer and Others (DA4/06) [2007] ZALAC 37; [2008] 5 BLLR 391 (LAC); (2008) 29 ILJ 614 (LAC) (28 November 2007)

Edcon Limited v Pillemer and Others (DA4/06) [2007] ZALAC 37; [2008] 5 BLLR 391 (LAC); (2008) 29 ILJ 614 (LAC) (28 November 2007)

The Labour Appeal Court held that the commissioner’s decision to find the dismissal substantively unfair was reasonable and justified on the facts. The evidence did not establish that the trust relationship was irreparably destroyed, especially given the third respondent’s long service and proximity to retirement. The hearsay evidence was properly admitted in the context of informal arbitration proceedings, and the appellant could have called the authors if it wished to challenge it. The charge against the third respondent focused on failure to report the accident, not on subsequent dishonesty, and the appellant’s own submissions acknowledged that such misconduct would not ordinarily...

Citation
[2007] ZALAC 37
Parties
Appellant: Edcon Ltd; Respondent: B Pillemer NO; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: PC Reddy
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
28 November 2007
Case Number
DA4/06
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of CCMA Arbitration Award
Outcome
Appeal dismissed with costs; reinstatement order confirmed with payment of arrear salary and benefits.
Judges
CT Sangoni, NP Willis, L P Tlaletsi
Legal Topics
Unfair Dismissal, Trust Relationship, Disciplinary Procedure, Hearsay Evidence, Arbitration Review
Labour Law Civil Procedure Unfair Dismissal Trust Relationship Disciplinary Procedure Hearsay Evidence Arbitration Review

Case Brief

Summary, issues, holding and outcome

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Parties

Edcon Ltd

Appellant

B Pillemer NO

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

PC Reddy

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of CCMA Arbitration Award

Legal Issues

  1. 1 Whether the commissioner acted unreasonably in finding the dismissal substantively unfair.
  2. 2 Whether the trust relationship between employer and employee was destroyed by the misconduct.
  3. 3 Whether hearsay evidence was improperly admitted and relied upon in the arbitration.

Ratio Decidendi

The Labour Appeal Court held that the commissioner’s decision to find the dismissal substantively unfair was reasonable and justified on the facts. The evidence did not establish that the trust relationship was irreparably destroyed, especially given the third respondent’s long service and proximity to retirement. The hearsay evidence was properly admitted in the context of informal arbitration proceedings, and the appellant could have called the authors if it wished to challenge it. The charge against the third respondent focused on failure to report the accident, not on subsequent dishonesty, and the appellant’s own submissions acknowledged that such misconduct would not ordinarily...

Court Disposition

Appeal dismissed with costs; reinstatement order confirmed with payment of arrear salary and benefits.

Orders

  • The appeal is dismissed with costs.
  • The appellant must pay to the third respondent all arrear salary due from 5 July 2004 until 5 August 2006, including salary increments, bonuses, and total contributions to the provident fund on her behalf in the amount of R31,113.06.