Eskort Limited v Mogotsi and Others (JR1644/20) [2021] ZALCJHB 53; (2021) 42 ILJ 1201 (LC); [2021] 8 BLLR 811 (LC) (28 March 2021)

Eskort Limited v Mogotsi and Others (JR1644/20) [2021] ZALCJHB 53; (2021) 42 ILJ 1201 (LC); [2021] 8 BLLR 811 (LC) (28 March 2021)

The Labour Court found that the Commissioner’s award was entirely disconnected from the evidence and unsupported by any reasonable basis. Mogotsi’s conduct was grossly negligent, reckless, and dishonest, as he failed to disclose his health condition, ignored COVID-19 protocols, and endangered the health and safety of colleagues and customers. As a member of the workplace Coronavirus Site Committee, he was fully aware of the protocols and the consequences of his actions. The Commissioner erred in treating the disciplinary code as prescriptive and failed to assess the gross nature of the misconduct and its impact on the employment relationship. The totality of circumstances, including the...

Citation
[2021] ZALCJHB 53
Parties
Applicant: Eskort Limited; Respondent: Stuurman Mogotsi; Respondent: Commissioner Simphiwe Saki Ngada N.O; Respondent: Commission for Conciliation, Mediation and Arbitration
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 March 2021
Case Number
JR1644/20
Procedural Posture
Review Application / Judgment After Unopposed Review of Arbitration Award
Outcome
Arbitration award set aside; dismissal of Mogotsi found substantively fair.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Gross Negligence, Covid 19 Workplace Protocols, Disciplinary Sanctions, Substantive Fairness
Labour Law Unfair Dismissal Gross Negligence Covid 19 Workplace Protocols Disciplinary Sanctions Substantive Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Eskort Limited

Applicant

Stuurman Mogotsi

Respondent

Commissioner Simphiwe Saki Ngada N.O

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Procedural Posture

Review Application / Judgment After Unopposed Review of Arbitration Award

Legal Issues

  1. 1 Whether the dismissal of the employee for gross misconduct and gross negligence related to COVID-19 protocols was substantively fair.
  2. 2 Whether the Commissioner’s arbitration award fell within the bounds of reasonableness.
  3. 3 Whether the employer’s disciplinary code and procedure was prescriptive regarding the sanction of dismissal.

Ratio Decidendi

The Labour Court found that the Commissioner’s award was entirely disconnected from the evidence and unsupported by any reasonable basis. Mogotsi’s conduct was grossly negligent, reckless, and dishonest, as he failed to disclose his health condition, ignored COVID-19 protocols, and endangered the health and safety of colleagues and customers. As a member of the workplace Coronavirus Site Committee, he was fully aware of the protocols and the consequences of his actions. The Commissioner erred in treating the disciplinary code as prescriptive and failed to assess the gross nature of the misconduct and its impact on the employment relationship. The totality of circumstances, including the...

Court Disposition

Arbitration award set aside; dismissal of Mogotsi found substantively fair.

Orders

  • The arbitration award issued by the second respondent is reviewed and set aside.
  • It is substituted with an order that the dismissal of the first respondent by the applicant on 3 September 2020 was substantively fair.