First National Battery (Pty) Ltd v Matshoba and Others (P34/09) [2009] ZALC 132; (2010) 31 ILJ 1203 (LC) ; [2010] 5 BLLR 534 (LC) (19 November 2009)

First National Battery (Pty) Ltd v Matshoba and Others (P34/09) [2009] ZALC 132; (2010) 31 ILJ 1203 (LC) ; [2010] 5 BLLR 534 (LC) (19 November 2009)

The court found that the arbitrator's reasoning was fundamentally flawed and failed to reconcile the credibility findings with the conclusion to reinstate the employee. The payment received by the employee was not a loan but a bribe intended to influence his conduct as chief shop steward. The arbitrator's approach to the charges of bribery and extortion was misguided, and the failure to recognize the seriousness of the misconduct constituted a material error. The dismissal was fair, and the award reinstating the employee was unreasonable and must be set aside. The registrar was directed to refer the judgment to the National Director of the CCMA for investigation into the arbitrator's...

Citation
[2009] ZALC 132
Parties
Applicant: First National Battery (Pty) Ltd; Respondent: 1st Respondent; Respondent: 2nd Respondent; Respondent: J M Matshoba
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 November 2009
Case Number
P34/09
Procedural Posture
Review Application / Judgment
Outcome
Application to review and set aside the arbitration award granted. The dismissal of the employee was found to be fair. Costs awarded against the employee.
Judges
Pillay D
Legal Topics
Review of Arbitration Award, Dishonesty in Employment, Unfair Dismissal, Shop Steward Misconduct
Labour Law Civil Procedure Review of Arbitration Award Dishonesty in Employment Unfair Dismissal Shop Steward Misconduct

Case Brief

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Parties

First National Battery (Pty) Ltd

Applicant

1st Respondent

Respondent

2nd Respondent

Respondent

J M Matshoba

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the arbitrator's award reinstating the employee was reasonable and lawful.
  2. 2 Whether the employee's conduct constituted bribery or extortion justifying dismissal.
  3. 3 Whether the arbitrator correctly applied the law to the facts regarding dishonesty and misconduct.

Ratio Decidendi

The court found that the arbitrator's reasoning was fundamentally flawed and failed to reconcile the credibility findings with the conclusion to reinstate the employee. The payment received by the employee was not a loan but a bribe intended to influence his conduct as chief shop steward. The arbitrator's approach to the charges of bribery and extortion was misguided, and the failure to recognize the seriousness of the misconduct constituted a material error. The dismissal was fair, and the award reinstating the employee was unreasonable and must be set aside. The registrar was directed to refer the judgment to the National Director of the CCMA for investigation into the arbitrator's...

Court Disposition

Application to review and set aside the arbitration award granted. The dismissal of the employee was found to be fair. Costs awarded against the employee.

Orders

  • The arbitration award is reviewed and set aside.
  • The dismissal of the employee is declared fair.