Fidelity Security Services (Pty) Ltd v SATAWU obo Richard and Others (JR2246/14) [2018] ZALCJHB 59 (1 February 2018)

Fidelity Security Services (Pty) Ltd v SATAWU obo Richard and Others (JR2246/14) [2018] ZALCJHB 59 (1 February 2018)

The arbitrator's finding of substantive unfairness was not rationally connected to the evidence before her. The documentary evidence and admissions established that the individual respondents were offered alternative employment, which they refused, and that the dismissals were effected in accordance with the terms of their contracts after proper consultation. The arbitrator failed to consider this material evidence and provided inadequate reasons for her conclusion. The Labour Court, having all relevant material before it and in the interests of expeditious dispute resolution, substituted the arbitrator's award with a dismissal of the referral. The court also found that no order as to...

Citation
[2018] ZALCJHB 59
Parties
Applicant: Fidelity Security Services (Pty) Ltd; Respondent: SATAWU obo Zonke Richard & 5 Others; Respondent: CCMA; Respondent: Puleng Joyce Maduna N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 February 2018
Case Number
JR2246/14
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
The review application succeeds; the arbitration award is set aside and substituted with a dismissal of the referral. No order as to costs.
Judges
Van Niekerk
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Operational Requirements, Jurisdiction of Ccma, Remittal and Substitution, Costs in Labour Disputes
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Operational Requirements Jurisdiction of Ccma Remittal and Substitution Costs in Labour Disputes

Case Brief

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Parties

Fidelity Security Services (Pty) Ltd

Applicant

SATAWU obo Zonke Richard & 5 Others

Respondent

CCMA

Respondent

Puleng Joyce Maduna N.O.

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator's award finding substantive unfairness in the dismissal was rationally connected to the evidence.
  2. 2 Whether the arbitrator failed to consider material evidence regarding offers of alternative employment.
  3. 3 Whether the CCMA had jurisdiction to determine the dispute given the nature of the dismissals.

Ratio Decidendi

The arbitrator's finding of substantive unfairness was not rationally connected to the evidence before her. The documentary evidence and admissions established that the individual respondents were offered alternative employment, which they refused, and that the dismissals were effected in accordance with the terms of their contracts after proper consultation. The arbitrator failed to consider this material evidence and provided inadequate reasons for her conclusion. The Labour Court, having all relevant material before it and in the interests of expeditious dispute resolution, substituted the arbitrator's award with a dismissal of the referral. The court also found that no order as to...

Court Disposition

The review application succeeds; the arbitration award is set aside and substituted with a dismissal of the referral. No order as to costs.

Orders

  • The arbitration award issued by the third respondent under case number GAEK 3250-11 on 8 September 2014 is reviewed and set aside.
  • The award is substituted by the following: 'The applicants' referral is dismissed.'