Foschini Group (Pty) Limited v CCMA and Others (J5079/00) [2001] ZALC 52; (2001) 22 ILJ 1642 (LC) (10 April 2001)

Foschini Group (Pty) Limited v CCMA and Others (J5079/00) [2001] ZALC 52; (2001) 22 ILJ 1642 (LC) (10 April 2001)

The Labour Court found that the arbitrator erred in reinstating the third respondent after dismissal for violent conduct. The arbitrator failed to properly assess the evidence, particularly the eyewitness account of Miss Carelli, and ignored relevant factors such as the seriousness of the assault, its proximity to the workplace, and its impact on the employment relationship and business. The arbitrator misconceived his powers by determining the sanction rather than the fairness of the dismissal. The court held that the dismissal was for a fair reason and that the arbitrator's decision should be set aside under section 145 of the Labour Relations Act. Condonation for late filing was...

Citation
[2001] ZALC 52
Parties
Applicant: Foschini Group (Pty) Limited; Respondent: CCMA; Respondent: Lesane Meli Shadrack Sesele; Respondent: Elina Mokhalo
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 April 2001
Case Number
J5079/00
Procedural Posture
Review Application / Labour Court Review of Arbitration Award
Outcome
Application granted; arbitration award set aside.
Judges
E Revelas
Legal Topics
Unfair Dismissal, Review of Arbitration Award, Condonation, Disciplinary Procedure
Labour Law Civil Procedure Unfair Dismissal Review of Arbitration Award Condonation Disciplinary Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Foschini Group (Pty) Limited

Applicant

CCMA

Respondent

Lesane Meli Shadrack Sesele

Respondent

Elina Mokhalo

Respondent

Procedural Posture

Review Application / Labour Court Review of Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator erred in reinstating the third respondent after dismissal for violent conduct.
  2. 2 Whether the arbitrator failed to properly assess the evidence and the impact of the conduct on the employment relationship.
  3. 3 Whether the arbitrator misconceived his powers by determining the sanction rather than the fairness of the dismissal.

Ratio Decidendi

The Labour Court found that the arbitrator erred in reinstating the third respondent after dismissal for violent conduct. The arbitrator failed to properly assess the evidence, particularly the eyewitness account of Miss Carelli, and ignored relevant factors such as the seriousness of the assault, its proximity to the workplace, and its impact on the employment relationship and business. The arbitrator misconceived his powers by determining the sanction rather than the fairness of the dismissal. The court held that the dismissal was for a fair reason and that the arbitrator's decision should be set aside under section 145 of the Labour Relations Act. Condonation for late filing was...

Court Disposition

Application granted; arbitration award set aside.

Orders

  • Condonation for late filing is granted.
  • The arbitration award reinstating the third respondent is set aside.