Endeto Engineering (Pty) Ltd v Metal & Engineering Industries Bargaining Council and Others (JR823/20) [2023] ZALCJHB 26; [2023] 11 BLLR 1188 (LC) (20 February 2023)

Endeto Engineering (Pty) Ltd v Metal & Engineering Industries Bargaining Council and Others (JR823/20) [2023] ZALCJHB 26; [2023] 11 BLLR 1188 (LC) (20 February 2023)

The court found that the arbitrator's assessment of the evidence and credibility of the parties was reasonable and in line with established legal principles. The arbitrator correctly found Mr Nkabinde's version more probable, given his persistent pursuit of the grievance and the lack of credible evidence to support the applicant's allegations. The polygraph evidence was not determinative in the absence of expert testimony and could only serve as corroboration. The disciplinary process was tainted by conflict of interest, as the chairperson later represented the employer at arbitration, undermining objectivity and impartiality. The consent form for polygraph testing contained clauses...

Citation
[2023] ZALCJHB 26
Parties
Applicant: Endeto Engineering (Pty) Ltd; Respondent: Metal & Engineering Industries Bargaining Council; Respondent: Lesiba Kabelo Mfati; Respondent: Ali Rooi Nkabinde
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 February 2023
Case Number
JR823/20
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed; arbitration award upheld.
Judges
T Govender
Legal Topics
Unfair Dismissal, Polygraph Evidence, Procedural Fairness, Conflict of Interest, Compensation for Unfair Dismissal
Labour Law Unfair Dismissal Polygraph Evidence Procedural Fairness Conflict of Interest Compensation for Unfair Dismissal

Case Brief

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Parties

Endeto Engineering (Pty) Ltd

Applicant

Metal & Engineering Industries Bargaining Council

Respondent

Lesiba Kabelo Mfati

Respondent

Ali Rooi Nkabinde

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's finding that the dismissal of Mr Nkabinde was substantively unfair is reasonable.
  2. 2 Whether the arbitrator correctly assessed the credibility of the parties and the evidence presented.
  3. 3 Whether the arbitrator properly considered the polygraph evidence and its probative value.

Ratio Decidendi

The court found that the arbitrator's assessment of the evidence and credibility of the parties was reasonable and in line with established legal principles. The arbitrator correctly found Mr Nkabinde's version more probable, given his persistent pursuit of the grievance and the lack of credible evidence to support the applicant's allegations. The polygraph evidence was not determinative in the absence of expert testimony and could only serve as corroboration. The disciplinary process was tainted by conflict of interest, as the chairperson later represented the employer at arbitration, undermining objectivity and impartiality. The consent form for polygraph testing contained clauses...

Court Disposition

Review application dismissed; arbitration award upheld.

Orders

  • The review application is dismissed.
  • There is no order as to costs.