Edcon Ltd v Pillemer NO and Others (191/08) [2009] ZASCA 135; [2010] 1 BLLR 1 (SCA); (2009) 30 ILJ 2642 (SCA) (5 October 2009)

Edcon Ltd v Pillemer NO and Others (191/08) [2009] ZASCA 135; [2010] 1 BLLR 1 (SCA); (2009) 30 ILJ 2642 (SCA) (5 October 2009)

The Supreme Court of Appeal held that the CCMA arbitrator's award reinstating Reddy was reasonable and rationally connected to the material before her. Edcon failed to lead direct evidence showing that Reddy's misconduct destroyed the trust relationship, which was the basis for dismissal. The only witness for Edcon, Naidoo, did not testify to the impact of Reddy's conduct on the trust relationship, and no relevant managers gave evidence. The disciplinary and appeal chairpersons were not witnesses and did not provide substantive evidence of breakdown in trust. The arbitrator properly considered Reddy's long, unblemished service and the views of managers who did not perceive a breakdown in...

Citation
[2009] ZASCA 135
Parties
Appellant: Edcon Ltd; Respondent: B Pillemer NO; Respondent: Commission for Conciliation Mediation & Arbitration; Respondent: P C Reddy
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
5 October 2009
Case Number
191/08
Procedural Posture
Civil Appeal / Appeal From Labour Appeal Court to Supreme Court of Appeal
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Mpati, Heher, Mlambo, Maya, Tshiqi
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Reasonableness Standard, Trust Relationship, Disciplinary Procedure
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Reasonableness Standard Trust Relationship Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Edcon Ltd

Appellant

B Pillemer NO

Respondent

Commission for Conciliation Mediation & Arbitration

Respondent

P C Reddy

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Appeal Court to Supreme Court of Appeal

Legal Issues

  1. 1 Whether the CCMA arbitrator's award reinstating Reddy was reasonable under the constitutional standard.
  2. 2 Whether Edcon led sufficient evidence to prove the destruction of the trust relationship justifying dismissal.
  3. 3 Whether the admission of hearsay evidence by the arbitrator rendered the award defective.

Ratio Decidendi

The Supreme Court of Appeal held that the CCMA arbitrator's award reinstating Reddy was reasonable and rationally connected to the material before her. Edcon failed to lead direct evidence showing that Reddy's misconduct destroyed the trust relationship, which was the basis for dismissal. The only witness for Edcon, Naidoo, did not testify to the impact of Reddy's conduct on the trust relationship, and no relevant managers gave evidence. The disciplinary and appeal chairpersons were not witnesses and did not provide substantive evidence of breakdown in trust. The arbitrator properly considered Reddy's long, unblemished service and the views of managers who did not perceive a breakdown in...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs consequent upon the employment of two counsel.