EOH Abantu (Pty) Ltd t/a Highveld PFS (Pty) Ltd v CCMA and Others (JR1209/12) [2017] ZALCJHB 229 (13 June 2017)

EOH Abantu (Pty) Ltd t/a Highveld PFS (Pty) Ltd v CCMA and Others (JR1209/12) [2017] ZALCJHB 229 (13 June 2017)

The court held that the applicant failed to demonstrate that the arbitrator's award was reviewable under the applicable standards. The reconstructed record was sufficient for review, and the applicant did not properly plead any defect in the record. The arbitrator correctly found that the employee was charged with...

Source-derived case information.

Citation
[2017] ZALCJHB 229
Parties
Applicant: EOH Abantu (Pty) Ltd t/a Highveld PFS (Pty) Ltd; Respondent: CCMA; Respondent: Bongani Khumalo N.O.; Respondent: Brett Danney
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
13 June 2017
Case Number
JR1209/12
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application for review dismissed with costs.
Judges
Steenkamp
Legal Topics
Unfair Dismissal, Misconduct, Review of Arbitration Award, Gross Negligence, Dishonesty, Compensation
Labour Law Civil Procedure Unfair Dismissal Misconduct Review of Arbitration Award Gross Negligence Dishonesty Compensation

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Summary, issues, holding and outcome

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Parties

EOH Abantu (Pty) Ltd t/a Highveld PFS (Pty) Ltd

Applicant

CCMA

Respondent

Bongani Khumalo N.O.

Respondent

Brett Danney

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award dismissing the applicant's employee for misconduct was reviewable and should be set aside.
  2. 2 Whether the reconstructed record of arbitration proceedings was sufficient for review.
  3. 3 Whether the dismissal was substantively and procedurally fair.

Ratio Decidendi

The court held that the applicant failed to demonstrate that the arbitrator's award was reviewable under the applicable standards. The reconstructed record was sufficient for review, and the applicant did not properly plead any defect in the record. The arbitrator correctly found that the employee was charged with dishonesty, which required proof of intent, and the employer failed to discharge this onus. The evidence supported the arbitrator's conclusion that the employee acted mistakenly and not dishonestly, and that the sanction of dismissal was inconsistent with the treatment of another employee involved. The compensation awarded was reasonable in light of the circumstances. The...

Court Disposition

Application for review dismissed with costs.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the costs of the proceedings.