Fidelity Security Services (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others (JR 11/2015) [2016] ZALCJHB 252 (20 July 2016)

Fidelity Security Services (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration and Others (JR 11/2015) [2016] ZALCJHB 252 (20 July 2016)

The court found that the Applicant failed to prove, on a balance of probabilities, that the Third Respondent fraudulently altered the OB book or committed fraud. The evidence presented was inconsistent and did not establish that any alterations to the OB book constituted misrepresentation or caused actual or potential prejudice to the Applicant. The Second Respondent's findings were reasonable and supported by the evidence. The criticisms raised by the Applicant regarding the interpretation of charges, allocation of the onus, and alleged irregularities were unfounded. The application for review was dismissed as the award was not one that no reasonable decision-maker could reach.

Citation
[2016] ZALCJHB 252
Parties
Applicant: Fidelity Security Services (Pty) Ltd; Respondent: Commission for Conciliation, Mediation & Arbitration; Respondent: N.C. Hlabla N.O.; Respondent: German Innocent Shibiri
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
20 July 2016
Case Number
JR 11/2015
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Application dismissed.
Judges
Myhill
Legal Topics
Unfair Dismissal, Arbitration Review, Condonation, Onus of Proof, Fraud Allegation
Labour Law Unfair Dismissal Arbitration Review Condonation Onus of Proof Fraud Allegation

Case Brief

Summary, issues, holding and outcome

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Parties

Fidelity Security Services (Pty) Ltd

Applicant

Commission for Conciliation, Mediation & Arbitration

Respondent

N.C. Hlabla N.O.

Respondent

German Innocent Shibiri

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitration award issued by the Second Respondent was reviewable under sections 145 and 158 of the Labour Relations Act.
  2. 2 Whether the Applicant proved, on a balance of probabilities, that the Third Respondent committed fraud by altering the OB book.
  3. 3 Whether the dismissal of the Third Respondent was substantively fair.

Ratio Decidendi

The court found that the Applicant failed to prove, on a balance of probabilities, that the Third Respondent fraudulently altered the OB book or committed fraud. The evidence presented was inconsistent and did not establish that any alterations to the OB book constituted misrepresentation or caused actual or potential prejudice to the Applicant. The Second Respondent's findings were reasonable and supported by the evidence. The criticisms raised by the Applicant regarding the interpretation of charges, allocation of the onus, and alleged irregularities were unfounded. The application for review was dismissed as the award was not one that no reasonable decision-maker could reach.

Court Disposition

Application dismissed.

Orders

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