Emfuleni Local Municipality v SALGBC and Others (JR2525/11) [2015] ZALCJHB 356 (14 October 2015)

Emfuleni Local Municipality v SALGBC and Others (JR2525/11) [2015] ZALCJHB 356 (14 October 2015)

The court found that the arbitrator committed material errors in evaluating the evidence and applying the law. The applicant established a prima facie case of misconduct and dishonesty by proving that 29 fines were unlawfully cancelled using the employee's credentials, that the employee was present at work, and that...

Source-derived case information.

Citation
[2015] ZALCJHB 356
Parties
Applicant: Emfuleni Local Municipality; Respondent: SALGBC; Respondent: Matlala NO; Respondent: SAMWU obo Naomi Pauline Twala
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
14 October 2015
Case Number
JR2525/11
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The arbitration award is reviewed and set aside. The dismissal of Naomi Pauline Twala is found to be substantively fair but procedurally unfair. The employer is ordered to pay the employee one month's compensation. No costs order is made against the third respondent.
Judges
Whitcher
Legal Topics
Unfair Dismissal, Disciplinary Procedure, Evidentiary Burden, Inconsistency in Sanction, Procedural Fairness
Labour Law Unfair Dismissal Disciplinary Procedure Evidentiary Burden Inconsistency in Sanction Procedural Fairness

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Parties

Emfuleni Local Municipality

Applicant

SALGBC

Respondent

Matlala NO

Respondent

SAMWU obo Naomi Pauline Twala

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of Naomi Pauline Twala was substantively and procedurally fair.
  2. 2 Whether the arbitrator committed irregularities in evaluating the evidence and applying the law.
  3. 3 Whether the employer was inconsistent in applying disciplinary sanctions.

Ratio Decidendi

The court found that the arbitrator committed material errors in evaluating the evidence and applying the law. The applicant established a prima facie case of misconduct and dishonesty by proving that 29 fines were unlawfully cancelled using the employee's credentials, that the employee was present at work, and that she pleaded guilty at the disciplinary hearing. The employee's explanations were vague, inconsistent, and unsupported by credible evidence. The arbitrator's finding of inconsistency in disciplinary sanctions was based on irrelevant comparators and denied the applicant a fair hearing on the issue. The finding of bias against the chairperson was not supported by the record....

Court Disposition

The arbitration award is reviewed and set aside. The dismissal of Naomi Pauline Twala is found to be substantively fair but procedurally unfair. The employer is ordered to pay the employee one month's compensation. No costs order is made against the third respondent.

Orders

  • The arbitration award of the Second Respondent is reviewed and set aside and substituted with an award that the dismissal of the employee, Naomi Pauline Twala, was substantively fair but procedurally unfair.
  • The employer is ordered to pay the employee one month's compensation within twenty one (21) days of the date of this award.