Edumbe Municipality v Putini and Others (DA20/16) [2019] ZALAC 74; (2020) 41 ILJ 891 (LAC); [2020] 5 BLLR 496 (LAC) (11 December 2019)

Edumbe Municipality v Putini and Others (DA20/16) [2019] ZALAC 74; (2020) 41 ILJ 891 (LAC); [2020] 5 BLLR 496 (LAC) (11 December 2019)

The Labour Appeal Court held that the arbitrator did not misconceive the nature of the inquiry by excluding evidence on whether Mr Putini was guilty of the misconduct allegations, as the issue was the fairness of the suspension, not guilt. The employer was only required to show the existence of serious allegations and a reasonable belief that the employee's presence would jeopardize investigations. The evidence showed that the misconduct allegations and supporting documents did not exist at the time of suspension, and the Municipality failed to notify Mr Putini of the reasons for his suspension or hold a disciplinary hearing within the required period. The arbitrator's finding of...

Citation
[2019] ZALAC 74
Parties
Appellant: Edumbe Municipality; Respondent: Thabo Putini; Respondent: Nhlanhla Mathe N.O; Respondent: South African Local Government Bargaining Council
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
11 December 2019
Case Number
DA20/16
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Dismissing Review of Arbitration Award
Outcome
Appeal partially upheld; order of Labour Court set aside and replaced.
Judges
Waglay, Musi, Kathree-Setiloane
Legal Topics
Unfair Labour Practice, Precautionary Suspension, Quantum of Compensation, Arbitration Review, Procedural Fairness
Labour Law Civil Procedure Unfair Labour Practice Precautionary Suspension Quantum of Compensation Arbitration Review Procedural Fairness

Case Brief

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Parties

Edumbe Municipality

Appellant

Thabo Putini

Respondent

Nhlanhla Mathe N.O

Respondent

South African Local Government Bargaining Council

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitrator committed a gross irregularity by disallowing evidence and cross-examination on the merits of misconduct allegations against Mr Putini.
  2. 2 Whether the suspension of Mr Putini was procedurally and substantively unfair and constituted an unfair labour practice.
  3. 3 Whether the quantum of compensation awarded to Mr Putini was just and equitable in the circumstances.

Ratio Decidendi

The Labour Appeal Court held that the arbitrator did not misconceive the nature of the inquiry by excluding evidence on whether Mr Putini was guilty of the misconduct allegations, as the issue was the fairness of the suspension, not guilt. The employer was only required to show the existence of serious allegations and a reasonable belief that the employee's presence would jeopardize investigations. The evidence showed that the misconduct allegations and supporting documents did not exist at the time of suspension, and the Municipality failed to notify Mr Putini of the reasons for his suspension or hold a disciplinary hearing within the required period. The arbitrator's finding of...

Court Disposition

Appeal partially upheld; order of Labour Court set aside and replaced.

Orders

  • The suspension of Mr Thabo Putini was procedurally and substantively unfair and constituted an unfair labour practice in terms of section 186(2)(b) of the Labour Relations Act 66 of 1995.
  • The Endumbe Municipality is ordered to pay Mr Putini the sum of R120,000.